This agreement is made between THE MERCHANT and CARD ACCESS SERVICES PTY LTD (ABN 73 009 234 002) of Suite 2, 20 Clarke Street, Crows Nest 2065 in the State of New South Wales (“CAS”).
A. The Acquirers (as later defined) have entered into an agreement with the MERCHANT to accept from the MERCHANT, Card Transactions (as later defined) affected by the MERCHANT’s customers in terms of agreement.
B. To facilitate such agreement, the Acquirers have appointed CAS, and CAS has agreed to accept such appointment, as a payment gateway/payment processor to carry out EFT Processing Services as set out in this Agreement.
C. To facilitate such agreement, the MERCHANT has appointed CAS, and CAS has agreed to accept such appointment, as its payment gateway/payment processor to carry out EFT Processing Services on the following terms.
NOW IT IS AGREED
1.1 In the interpretation of the Agreement unless the context shall otherwise admit:
“Acquirer” means those institutions detailed in Schedule Two attached hereto and any amendment thereof agreed in writing between the MERCHANT and CAS.
“Agreed Time” shall mean four (4) hours from the time a maintenance request is made to CAS by the Acquirers or MERCHANT.
“Authorisation Request” means an electronic request by the MERCHANT to CAS for the instructions of a Card Issuer, Acquirer or its agent to either accept or decline a Card Transaction.
“Authorisation Request Response” means the instructions issued via an electronic message by a Card Issuer, an Acquirer or its agent to CAS to either accept or decline a Card Transaction.
“Authorised Transaction” shall mean a Card Transaction authorised in accordance with pre-advised instructions of the Acquirers, its agent or another Card Issuer.
“Business Day” means a weekday when the Acquirers are ordinarily open for business in Sydney, Australia.
“Card” means those credit cards, scheme debit cards and payment instruments as detailed in Schedule Three attached hereto and any amendments thereof as may be agreed in writing between the parties from time to time.
“Card Transaction” means a valid sales transaction (purchase), sales refund transaction or reversal transaction attempted by the MERCHANT using a Card.
“Cardholder” means a Person authorised to use a Card to affect a Card Transaction.
“Card Issuer” means the institution, which issued a Card to Cardholders.
Confidential Information means the terms of this agreement and, in relation to a party, any information (whether in oral, written or electronic form) that is by its nature confidential, is designated by a party to be confidential or a party knows or ought to know is confidential, including but not limited to any:
(a) Information regarding the current or future business or affairs (including financial position, sales, internal management, structure, policies, methodology, strategies, business plans and advertising, marketing or promotional activities);
(b) information regarding clients, customers or personnel; and
(c) trade secret, know-how, manufacturing process or formulae, technical specifications, software, source code of a party.
“EFT Processing Services” means CAS’s computer-based system whereby CAS, at any time:
(I) Receives an Authorisation Request from a Terminal;
(II) Transmits the Authorisation Request to either the Card Issuer, the Acquirer or its agent as appropriate;
(III) Obtains an Authorisation Request Response;
(IV) Transmits the Authorisation Request Response to Terminal;
(b) Provides detailed Reports as agreed.
“Equipment” means the hardware or Software customised and/or supplied by CAS to enable processing of Card Transactions pursuant to this Agreement.
FeesӔ means those fees and charges detailed in Schedule One.
GSTӔ means the tax imposed or to be imposed by a New Tax System (Goods and Services Tax) Act 1999 (Cth) and the related imposition Acts of the Commonwealth.
Intellectual Property RightsӔ means all inventions, patent, patent applications, trademarks, designs, processes, software and source code, copyright (including copyrights in any computer software or hardware of any words associated with such software or hardware), technical know-how and commercially sensitive information which is provided pursuant to this agreement or any other information generated as a consequence of this agreement and trade, business or company names and all other proprietary rights and intellectual property rights.
MerchantӔ means an entity or individual that has registered to use the electronic payment service pursuant to an agreement with the Acquirers and CAS.
“Person” includes natural person and a body corporate.
Related Body CorporateӔ has the meaning given to it in the Corporations Act 2001.
“Report” means daily and monthly reports in an agreed format as set out in the Schedule Four attached hereto.
SchedulesӔ means those schedules attached hereto which are incorporated by reference into this agreement and which may be amended from time to time by written agreement between the parties.
“Site” means CAS Equipment hosted in the Global Switch data centre, Sydney.
“Software” means the computer programs designed, developed, owned and marketed by CAS to enable the provision of EFT Processing Services pursuant to the Agreement.
Tax InvoiceӔ has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
“Technology” means the Equipment and Software.
“Terminal” means a device or interface designed to transact Card Transactions between the MERCHANT and CAS (including but not limited to e-commerce websites, software and applications, mail and telephone).
2.1 The term of this Agreement shall be for an initial period of one (1) year from the Effective Date. The agreement will remain in place until CAS receives written notice from the “MERCHANT”
The Agreement will terminate* 30 days after written notification is acknowledged
*see section 7 for Termination details
3. CAS SERVICES
3.1 In consideration of the payment by the MERCHANT to CAS for the Fees set out in Schedule One, CAS shall, on behalf of the Acquirers, provide EFT Processing Services to MERCHANT during the currency of this Agreement.
3.2 CAS, shall at the expense of the MERCHANT:
(a) Provide access to use the CAS Technology.
(b) Supply, deliver, install and test such Equipment for the MERCHANT at the Site to enable processing of Card Transactions pursuant to the terms of this Agreement.
(c) Supply, deliver, install and test appropriate Software to interface to the MERCHANT for the proper functioning and conduct of the Equipment to facilitate the provision of EFT Processing Services pursuant to the terms of this Agreement.
(d) Provide necessary maintenance of the Software and upgrades thereof and maintenance to the Equipment required to provide EFT Processing Services pursuant to the terms of this Agreement.
(e) Supply and install such additional software as may be required from time to time by MERCHANT at a fee to be quoted and agreed at the time of initiating the order.
(f) Supply and install any functional enhancements to the Software as may be requested from time to time by the MERCHANT at a fee to be quoted and agreed at the time of initiating such request.
3.3 CAS shall maintain and keep in good order and repair Technology installed pursuant to this Agreement.
3.4 CAS shall use its best endeavors to:
(a) Where a maintenance request cannot be satisfied via telephone instructions or remote access, attend, within the Agreed Time, upon the Site during normal working hours (i.e. 9.00 am 5.00 PM Monday to Friday AEST), provided that, the maintenance request is received by CAS before 1.00 PM AEST. If the maintenance request is received by CAS later than 1.00 PM AEST and CAS is unable to attend before 5.00 PM AEST then, where necessary, CAS shall attend the Site the following business day at 9.00 AM AEST;
(b) Use diligence to ensure that any maintenance and repair is carried out expeditiously, with minimal disturbance to the Acquirers, MERCHANT or the EFT Processing Services. Where such maintenance or repair requires removal of the Equipment from the Site, CAS shall provide replacement Equipment at the time of removal.
3.5 (a) Any Software and functional enhancement provided by
CAS pursuant to the terms of this Agreement shall be via a non-exclusive non-assignable license conveying no title to the Software and /or enhancement and terminating on termination of this Agreement.
(b) Title to Equipment sold shall pass on payment unless the Equipment is,
Purchased under an agreed deferred payment plan under which circumstances, title shall not pass until final payment.
4. SERVICE STANDARDS
4.1 Subject to Clause 5.5, CAS shall ensure that EFT Processing Services are available and are operational twenty-four (24) hours a day for each and every day during the currency of this Agreement on an average of ninety-nine percent (99%) of the time, when averaged over a calendar month, provided that such calculation shall exclude any scheduled downtime between 9.00 PM and 6.00 AM AEST and any downtime caused by external systems including but not limited to telecommunications failure or any variation in the steady supply of same, irrespective of the time of such failure.
4.2 In addition to anything herein contained, CAS shall also conform with all relevant domestic and international processing standards and regulations detailed in Schedule Five attached hereto as amended from time to time by agreement between the banks.
5. LIABILITY LIMITATION
5.1 MERCHANT acknowledges that:
(a) CAS has no responsibility, subject to the provision of EFT Processing Services, pursuant to this Agreement, for the settlement of Card Transactions as amongst itself, a Cardholder, a Card Issuer the Acquirers or MERCHANT;
(b) Subject to the provision of EFT Processing Services pursuant to this Agreement, CAS is under no obligation or duty in relation to the inter se rights and obligations of a Cardholder, the Card Issuer and the Acquirers.
5.2 (a) The MERCHANT releases CAS from all liability:
(i) Arising out of any failure or delay in providing the EFT Processing Services;
(ii) Arising out of the loss, alteration or corruption of any of the MERCHANT’s data held electronically either in the MERCHANT’s data processing system or in CAS;
(ii) Arising out of CAS acting upon an instruction or a Card Transaction received either from the MERCHANT’s data processing system, from the MERCHANT’s data held at CAS or from any Terminal at which the Card Transaction is being carried out;
Unless the loss was caused by a breach by CAS of its obligations under this Agreement or any willful, unlawful or negligent act or omission of CAS.
(b) The cumulative liability of CAS under this Agreement shall be limited to AUD 10,000 in aggregate over the period of the Agreement.
5.3 Subject to Clause 5.4, CAS excludes all terms and all warranties of any kind, express or implied whether statutory or otherwise, relating in any way to this agreement or its subject matter.
5.4 If any condition or warranty is implied in this Agreement, pursuant to any provision of Division 2 of Part 5 of the Trade Practices Act 1974 or any other statute, then to the extent to which any such condition or warranty is binding on CAS the liability of CAS for breach of the condition or warranty (apart from any condition or warranty implied by Section 69 of the said Act) shall be limited to any one or more of the following as agreed by the parties:
(a) The supplying of the EFT Processing Services again; or
(b) The payment of the cost of having the EFT Processing Services supplied again; or
(c) The payment of liquidated damages to a maximum amount equal to the combined total of the annual connection and maintenance fees due under this contract and detailed in Schedule One.
5.5 Force Majeure:
(a) Notwithstanding any provisions to the contrary in this Agreement, no party shall be considered to be in breach of this Agreement or be held liable for damages and each party releases all other parties from any costs, expense or damages that any party may incur as a result of it being unable to comply strictly with this Agreement due to occurrence of any event of Force Majeure.
(b) The term “Force Majeure” shall mean any event or cause outside the control of the relevant party, including without limiting the generality of the foregoing:
(i) Acts of God, fire, storms, floods, washouts;
(ii) Strikes, lockouts and other industrial disturbances;
(iii) Power or telecommunications failure or any variation in the steady supply of same;
(iv) Acts of vandalism, war, sabotage, riots, terrorism and civil disturbances; and
(v) Changes in legislation or regulation passed by Federal or any State Government.
6.1 The MERCHANT hereby indemnifies CAS against any claim demand or suit of any kind brought against CAS or any related body corporate (as that term is defined in the Corporations Law) of CAS by a Cardholder, a Card Issuer, the Acquirers or any other person in relation to Card Transaction provided CAS acted in good faith in purported execution of any instruction received either from the MERCHANT’s data processing system or from any Terminal at which the Card Transaction was being carried out and provided the claim was not caused by a breach by CAS of its obligations under this agreement or any willful, unlawful or negligent act or omission of CAS.
6.2 The MERCHANT will at all times ensure that the CAS facility is used by its employees only for the purpose for which it is intended, pursuant to this Agreement.
6.3 The MERCHANT hereby indemnifies CAS in respect of any loss or damage suffered as a result of improper access being made to the EFT Processing Services by the MERCHANT or any Terminal operated by the MERCHANT.
7.1 In the event that either party commits any material breach or material non observance of any of the obligations on its part to be performed or observed under this Agreement and fails to remedy it, or take effective action to do so within thirty (30) days after being requested in writing by the other party to do so the other party shall have the right to terminate this Agreement by three (3) months’ written notice to the defaulting party.
7.2 Either party may terminate this Agreement forthwith upon the happening of any of the following events:
(a) The other party commits any act of bankruptcy or insolvency or a petition is presented for the bankruptcy or winding up of the other party or a resolution is passed for the winding up of the other party otherwise than for the purposes of amalgamation or reconstruction;
(b) The other arty enters a compromise or arrangement with creditors or a receiver or official or unofficial manager or agent of the other party of any of its substantial assets is appointed.
7.3 Termination of this Agreement by either party in accordance with either Clause 7.1 or Clause 7.2 shall not extinguish any liability or otherwise affect any right or either party against the other which:
(a) Accrued prior to the time at which such termination occurred; or
(b) Otherwise relates to an action, which may arise at any future time from any breach or non-observance of obligations under this Agreement, which arose prior to the time at which such termination occurred. CAS reserves the right to terminate this agreement immediately in the event that:
(a) an Acquirer, Card Issuer, card scheme or the Payment Card Industry (PCI) Security
Council demands that CAS cancel the MERCHANTs EFT Processing Services.
(b) CAS identifies suspect fraudulent transaction activity or acts by the MERCHANT or the MERCHANTs systems that are in breach of the Payment Card Industry and banking standards, rules and regulations that may jeopardise CASs certification and compliance under these standards, rules and regulations.
7.5Ҡ Excepting for 7.4, CAS reserves the right to terminate this agreement for any reason upon providing 90 days written notice to the MERCHANT for any reason.
8.1 Each party shall treat as Confidential Information all information, which comes into its possession pursuant to or as a result of or in performance of this Agreement.
8.2 Each of the MERCHANT and CAS shall ensure that neither it, nor its employees or agents disclose such confidential information, without the consent of the other party, to any third party.
8.3 At no time will CAS, without the consent in writing of MERCHANT provide information concerning the MERCHANT obtained in the course of providing the EFT Processing Services pursuant to this Agreement, to any third party. For the purposes of this Clause 8 the term “third party” shall not include a related body corporate (as defined in the Corporations Law) of CAS.
8.4 The obligations of confidentiality imposed by this Clause shall not apply to the extent that such information is: –
(a) Publicly available or becomes so in the future without restriction;
(b) Rightfully received by the receiving party hereto from third parties and not accompanied by confidentiality obligations;
(c) Already in the receiving parties’ possession and lawfully received from sources other than a party hereto;
(d) Independently developed by the receiving party hereto;
(e) Approved or released by the disclosing party hereto without restriction; or
(f) Information, which is required to be disclosed under compulsion of law.
8.5 The operation of this Section shall survive the termination of this Agreement.
9.1 The terms of this Agreement may be varied by written agreement, such variation to take effect upon the date agreed.
9.2 No modification, variation or amendment of this Agreement shall be of any force or effect unless in writing and executed by the parties.
10. ALTERNATIVE THIRD PARTY ACQUIRERS
10.1 (a) This Agreement whilst referring to the Acquirers, in no way limits the
MERCHANT from requesting CAS to switch the Card Transaction of the MERCHANT to other third party Acquirers. Such a request will be reviewed by CAS and a quote provided to the MERCHANT for the service.
(b) Where CAS has entered into an appropriate processing agreement with other third party Acquirers CAS shall, on receipt of such request in writing from the MERCHANT, switch the Card Transactions of the MERCHANT to the said third party Acquirer.
(c) In the event that the agreement between the Acquirers and MERCHANT referred to in Recital A is terminated, this Agreement shall, subject to the Clause 10.1 (b), continue as an agreement between CAS and the MERCHANT.
(d) In the event that the agreement between the Acquirers and MERCHANT referred to in Recital A is terminated and replaced by an agreement between the MERCHANT and another third party acquirer with which CAS has entered into appropriate processing arrangements then the following shall apply;
(i) References to the Acquirers shall be read as references to the new third party acquirer; and
(ii) This Agreement shall otherwise apply in full without limitation to the continuing relationship between CAS and the MERCHANT.
11.1 CAS warrants that:
(a) It is capable of entering into this Agreement and that there are no existing restrictions or constraints on it supplying delivering or licensing the Technology in accordance with this Agreement;
(b) It has the right as licensee to such right, title and interest in or in respect of the Technology as is required to enable it to confer upon the MERCHANT the rights conferred under this Agreement;
(c) In the event that any Software and/or Equipment developed for or delivered to the MERCHANT by CAS is held to constitute an infringement of any patent, copyright or other property rights (including but not limited to the misappropriation of trade secrets) and the use thereof is enjoined, CAS shall to the extent that it is reasonably able and at its own expense procure for the MERCHANT the right to continue to use the Software and/or Equipment or modify it so as to render it non-infringing. In the event CAS is unable to do any of the things hereby required after making reasonable efforts to do so it shall notify the MERCHANT that this Agreement is discontinued except with respect to any accrued rights and obligations of either party;
11.2 The preceding sub-clause 11.1 shall not apply in the event that the MERCHANT is responsible otherwise than by use of the Software and/or Equipment in accordance with this Agreement, for any infringement of any patent, copyright or other property rights whether as a result of its modifying the Software and/or Equipment, providing enhancements or otherwise and this clause shall survive termination of this Agreement.
12. INTELLECTUAL PROPERTY
12.1 Subject to Clause 12.2, all Intellectual Property Rights in material created or brought into existence by CAS in providing the EFT Processing Services (“CAS Material”) vests as and when created solely in CAS.
12.2 Each party retains ownership of Intellectual Property Rights in and to its pre existing material (“Existing Material”) used to perform its obligations under this Agreement and any modifications made to its Existing Material.
12.3 MERCHANT grants to CAS a non-exclusive, non-transferable licence to use the Intellectual Property Rights in and to the MERCHANT s Existing Material for the sole purpose of performing the EFT Processing Services during the term.
12.4Ҡ Nothing in this Agreement operates to transfer to the MERCHANT the copyright or any other Intellectual Property Right in the Equipment or Software or other document provided to the MERCHANT.
12.5 Nothing in this Agreement gives the MERCHANT any rights in the name Card Access Services, ԓCAS or any other mark or name owned by CAS.
12.6Ԡ Any Software and Equipment and functional enhancement provided by CAS pursuant to the terms of this Agreement will be via a limited, revocable, non-exclusive, non-transferable licence to use conveying no title to the Software and/or Equipment and/or the enhancement for the term.
13.1 A notice or direction given under this Agreement shall be in writing.
13.2 A notice may be given to any party at the address shown in this Agreement or as subsequently notified in any of the following ways:
(a) by personal delivery;
(b) by registered mail, postage prepaid; or
(c) by facsimile transmission.
13.3 A notice is to be taken as duly given:
(a) in the case of registered mail, on the second day after posting; or
(b) in the case of facsimile transmission, on the day it is sent if transmitted before 5pm or on the next business day if transmitted after 5pm.
13.4 In the case of a facsimile transmission, the print out from the sending facsimile machine showing the date and time of sending, the number of pages sent and the receiver’s facsimile number shall be sufficient evidence of the notice having been given.
14. LEGAL RELATIONSHIP
14.1 Nothing in this Agreement is intended to create any relationship between the parties of partnership or of principal and agent (except as expressly stated), and no party shall have the authority to bind the other except as specifically provided under this Agreement.
15.1 Any notice under this Agreement may be signed by or on behalf of the party or parties giving it and will in addition to the ordinary modes of service be deemed to be duly served if posted in a prepaid envelope addressed to the party to be served on the third Business Day after the day of posting.
15.2 This Agreement shall be binding upon the parties, their administrators, successors and assigns provided that no party may assign this Agreement without the written consent of the other party.
15.3 This Agreement shall be governed by the laws of the State of New South Wales and the Commonwealth of Australia and both parties agree to submit to the jurisdiction of the Courts of New South Wales and the Commonwealth of Australia.
15.4 This Agreement embodies the entire agreement and understanding between the parties hereto in respect of the subject matter hereof it being the intention and covenant of the parties hereto that this Agreement supersedes all previous discussions correspondence and writings between them and/or between their respective legal and other advisers.
15.5 No waiver by any party of any one or more defaults by any other of them in the performance or observance of the terms, conditions, provisions, or restrictions contained in this Agreement shall either by of any force or effect unless in writing and executed or operate or be construed as a waiver of any further default or defaults by that party whether of a like or of a different character.
15.6 If any term, provision, condition, restriction, warranty or part thereof herein contained shall be or validly determined to be illegal, invalid, void or voidable the legality or validity of the remainder of this Agreement shall not be affected and such illegal, invalid, void or voidable term, provision, condition, restriction, warranty or party shall be deemed deleted here from but the remainder of this Agreement shall continue in full force and effect.
15.7 Nothing in this Agreement shall preclude CAS from utilising third parties to provide any of the EFT Processing Services contemplated by this Agreement provided that CAS shall continue to be responsible under the terms of this Agreement as if CAS provided the EFT Processing Services in its own right.
15.8 All heading of this Agreement have been inserted for ease of reference only and shall not define or affect the meaning or interpretation of this Agreement.
15.9 Reference to any gender shall include all other genders and the singular number shall include the plural number and vice versa.
1. Prices are in Australian Dollars (AUD) and include GST.
2. All CAS products/services include access to the CAS online Reports defined in Schedule Four.
3. Transaction fees apply to all APPROVED and DECLINED transactions.
4. Transaction fees apply to all transaction types including PURCHASE, REFUND, PREAUTH, COMPLETION, REVERSALS.
5. CAS reserves the right to update fees and product pricing. CAS will notify the MERCHANT of these changes and the effective date.
6. A bank merchant facility will be required by the MERCHANT to use the service. CAS can assist in negotiating the best merchant rate with the MERCHANTs nominated acquiring bank. CAS is happy to make direct bank introductions to facilitate this process.
7. The PayPal payment option only available via the CAS Connect hosted payment service. The MERCHANT must have successfully signed up with PayPal for a PayPal Business Account. In addition to this Agreement, MERCHANTS wishing to accept PayPal as a payment option via the CAS system must execute a CAS PayPal Merchant Authority Form.)
8. The fees above are separate to any fees that may be charged by the Acquirer or third party entity to the MERCHANT for the merchant facility or equivalent.
9. Prices exclude any custom development costs associated with custom services, bank connections or certifications other than those specified within this document. Where service customisation is required, these will be outlined in a separate document including customisation fees as applicable.
10. Prices exclude any changes or integration by CAS to the MERCHANTs internal systems.
11.Ҡ Prices exclude the design or supply of any hardware or telecommunications equipment including but not limited to card readers, mobile communication modules and sim cards.
12. PAYMENT TERMS: All CAS charges will be invoiced monthly in arrears and will be debited from the MERCHANTs nominated credit card or bank account via Direct Debit. CAS reserves the right to charge a late payment fee if payment is not made within the specified payment period.
SCHEDULE ONE – “PRODUCT & PRICING INFORMATION”
Product and pricing information are detailed on document PPI/1 Product and Pricing InformationӔ which is sent to merchant as part of the Merchant Sign Up Pack.
SCHEDULE TWO – “THE ACQUIRERS”
1. Commonwealth Bank of Australia
2. St George Bank
3. ANZ Banking Corporation
4. Westpac Banking Corporation
5. National Australia Bank Limited
6. Bank West Australia Merchant Services (BWAMS)
8. Bank of Melbourne
9. American Express
10. Diners Club International
11. JCB International
12. PayPal (MERCHANT must have successfully signed up with PayPal for a PayPal Business Account. In addition to this Agreement, MERCHANTs wishing to accept PayPal as a payment option via the CAS system must execute a CAS PayPal Merchant Authority Form.)
SCHEDULE THREE – “ACCEPTED CARDS & PAYMENT INSTRUMENTS”
1. All MasterCard credit/debit Cards issued by a member or affiliate of MasterCard International Inc. on which the MasterCard or MasterCard II marks appear, and any other card conforming to the Standards established by MasterCard International Inc.
2. All Visa credit/debit Cards issued by a member or affiliate of Visa International on which the Visa marks appear, and any other card conforming to the Standards established by Visa International.
3. All American Express Cards issued by a member or affiliate of American Express International Inc. on which the American Express marks appear, and any other card conforming to the Standards established by American Express International Inc.
4. All Diners Cards issued by a member or affiliate of Diners Club International on which the Diners marks appear, and any other card conforming to the Standards established by Diners Club International.
5. All JCB Cards issued by a member or affiliate of JCB International on which the JCB marks appear, and any other card conforming to the Standards established by JCB International (Australia) Pty Limited.
6. Valid PayPal user accounts. The PayPal payment option is only accepted for MERCHANTs that have successfully signed up with PayPal and have a PayPal Business Account. In addition to this Agreement, MERCHANTs wishing to accept PayPal as a payment option via the CAS system must execute a CAS PayPal Merchant Authority Form.
SCHEDULE FOUR – “REPORTS PROVIDED”
Access to the CAS online Merchant Management Interface (MMI) for generating and accessing
transaction and settlement reports. Reports include:
1. An individual transaction breakdown (per period, per card type, per response category)
2. Transaction totals for the various transaction types for the period specified
SCHEDULE FIVE – “TECHNICAL STANDARDS”
PCI DSS Payment Card Industry Data Security Standards
This agreement is made between THE MERCHANT and CARD ACCESS SERVICES PTY LTD (ABN 73 009 234 002) of Suite 2, 20 Clarke Street, Crows Nest 2065 in the State of New South Wales (“CAS”).