Td Merchant Services Agreement

19. General Provisions. Each party is an independent contractor of the other party and not an employee, representative or authorized representative of the other party. The provisions of the Agreement shall not be construed in such a way as to create a partnership, joint venture or other business combination between Bambora and the trader. Any notification required by this Agreement shall be in writing, refer to this Agreement and this Section 18, either (a) or (b) be served personally, or (c) by e-mail, provided that a data set containing the content of the e-mail and the date of transmission is verifiable for (i) the Merchant in accordance with the information provided in the Distributor`s notification flow; and (ii) Bambora, 200-1803 Douglas Street, Victoria BEFORE CHRIST; Fax number (+1) 250.472.2330. The communication shall be deemed effective if it is sent by fax, on the date indicated in the confirmation of transmission or by e-mail, on the day of transmission of the communication, provided that a record of the transmission containing the content of the electronic mail and the date of transmission is verifiable. The invalidity or inexetability of any provision of this Agreement, as determined by a court of competent jurisdiction, shall not affect the other provisions and, in such event, that Agreement shall be construed in all respects as if such a provision, whether invalid or not, did not become part of this Agreement. Neither party may assign the Agreement or assign its rights or obligations under the Agreement to third parties whose consent may not be inappropriately withheld or delayed without the prior written consent of the other Party, unless Bambora has the right to use the services of subcontractors or agents to assist Bambora in fulfilling its obligations under this Agreement; and (b) assign the Agreement or delegate its rights or obligations under the Agreement to an Affiliate, provided that the Affiliate is not a competitor of the Reseller, without notice or consent from the Merchant. In the event that the trader becomes a debtor or is the subject of restructuring or insolvency proceedings, the contract cannot be taken over or applied and Bambora is excused for its execution. Bambora`s waiver of any provision of the Agreement shall not constitute a waiver of any other provision (similar or not), nor shall such waiver constitute a continuing waiver of such particular provision unless Bambora has expressly stated so in writing. The parties acknowledge that they have required that this agreement and all related documents be drawn up in English.

This Agreement and all Annexes constitute the entire Agreement between the Parties and supersede all agreements, promises and agreements entered into from one Party to another regarding the subject matter of the Contract, if any. Global Payments Inc. (NYSE: GPN) is a leader in outright payment technology that provides its customers with innovative software and services around the world….

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