The parties agree as follows:
The Company will at all times promptly provide any financial or other information reasonably requested by PSP to perform credit risk, security, qualification, regulatory and Network compliance tasks and other reviews related to the provision of the Services, transactions submitted, fulfilment of obligations to PSP, or Cardholders, or the financial condition of the Company. The Company authorises PSP to obtain information from third parties when performing credit risk, security, qualification, and other reviews and share such information with such of its affiliates or the Acquirer as reasonably necessary in connection with this agreement. PSP may perform a reasonable audit of the Company’s records related to its performance under this Agreement with 30 days’ advance written notice to the Company, during the Company’s normal business hours, and at PSP’s expense.
The Company will provide PSP with reasonable advance notice of any material change in the nature of the Company’s business (including any change in control or merger, any liquidation, any transfer or sale of substantially all of its assets, or any change to the Company’s operations that would materially affect the products or services sold, the procedures for payments acceptance, or the fulfilment of obligations to a Cardholder). The Company will provide PSP with written disclosure identifying the third parties, systems, and services the Company uses to receive, transmit, process, or otherwise manage information or its information technology systems (e.g., without limitation, third party gateways, encryption or firewall providers) related to the transaction information or payment data processed in connection with this Agreement (these third parties must be registered providers with the Networks).
PSP will provide the Company with statements or electronic reporting (Statements) reflecting the fees, settlement amounts, and other information related to the Services. The Company must review the Statements and inform PSP of any errors within 60 days following the date that the error was, or should have been, reported. The reporting of any errors will enable PSP to recover amounts or prevent the errors from continuing. PSP will have no obligation to provide refunds for errors that the Company reports more than 60 days after it was, or should have been, reported. The Company and PSP will work together to resolve issues or disputes that arise in connection with the Statements, or the funds credited or debited to the Settlement Account.
Notices to the Company will be sent to the registered address provided by the Company in their PSP account application.
Emailed notices will be sent to the email address provided by the Company in their PSP account application.
A notice is valid when sent to the Company’s registered address.
Notices to PSP will be sent to:
Attn: Operations Manager
Suite 3, Level 13, 256 Adelaide Terrace
Perth, WA 6000
Notices to Acquirer will be sent to:
First Data Merchant Solutions Australia Pty Ltd