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Terms of Service UK (Non-CCA)

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1. DEFINITIONS AND RULES OF INTERPRETATION

(a) Unless otherwise stated, the definitions set out in the glossary at the end of these TOS apply to the Agreement.

(b) Singular terms shall include the plural, and vice versa, unless the context otherwise requires.

(c) “Including” shall not be construed as exclusive or limiting, and shall generally mean “including but not limited to.”

(d) Any reference to a section shall be to the relevant section of these TOS, and a part or paragraph shall be to the relevant part or paragraph of the relevant schedule unless otherwise stated.

(e) References to a Person include a reference to that Person’s successors or assignees.

(f) In the event of a conflict between the documents comprising the Agreement (excluding any Security Document), the following order of priority will apply, only to the extent of such conflict: (i) these TOS; (ii) the Application; (iii) any other Agreement you have entered into with Elavon for similar or related services; (iv) any agreement entered into pursuant to section 6(a)(ii); (v) the Operating Guide; and (vi) any other guides or manuals provided to Customer from time to time; provided, however, in the event of a conflict between the Agreement and the Card Scheme Rules, the Card Scheme Rules will prevail and the Agreement will be interpreted to give as full effect as is possible to both the Card Scheme Rules and the Agreement.

(g) In this Agreement, references to any enactment shall be deemed to include references to such enactment as amended, re-enacted or extended and any subordinate legislation made from time to time under it.

2. THE AGREEMENT, RULES AND LAWS

You shall comply with the following at all times:

(a) the provisions of the Agreement;

(b) the Card Scheme Rules;

(c) all Laws; and

(d) your obligations relating to the sale and/or supply of goods and/or services by you to your customers.

3. CARD ACCEPTANCE

Under this Agreement, unless otherwise agreed with Elavon, you shall:

(a) only accept valid and current Cards as payment for any of the full range of goods and/or services that you have sold and supplied.

(b) accept Transactions only in accordance with the terms and conditions of the Agreement;

(c) not impose any financial limit in respect of Transactions, or otherwise establish minimum or maximum Transaction amounts;

(d) not use your personal/business Cards to conduct a Transaction in circumstances where you are acting as both Customer and Cardholder;

(e) not accept Transactions in respect of which an employee, director or other member of your business is the Cardholder;

(f) only accept Transactions in the currency (or currencies) stated in the Application;

(g) subject to sections 3(h) and 3(i), when dealing with your customers, treat purchases by Card in the same way as cash purchases, including offering the goods and/or services you sell at the same price regardless of the form of payment;

(h) where permitted by the Card Schemes or by the Laws, be entitled to offer a reduction to a customer for using a Card, provided that you clearly inform the Cardholder at your business location, before accepting the Transaction of the amount or method of calculation of any such reduction; and

(i) where permitted by the Card Schemes or by the Laws, be entitled to surcharge a customer for using a Card, provided that (i) any such surcharge bears a reasonable relationship to your cost of accepting the Card and (ii) you clearly inform the Cardholder at your business location, before accepting the Transaction, of the amount or method of calculation of such surcharge. All requirements of Laws, any Competent Authority or the Card Schemes regarding disclosure of such a surcharge must be complied with by you.

4. YOUR BANK ACCOUNT

(a) Establishment and authority. You shall:

(i) open and throughout the Term of the Agreement maintain Your Bank Account(s); and

(ii) maintain sufficient funds in Your Bank Account(s) on a monthly basis, to cover our Merchant Service Charges, any Chargebacks, all Fees and Adjustments and any other sums due and payable to us under or in connection with this Agreement.

(b) Changes to Your Bank Account.

(i) You must:

(aa) subject to section 4(b) (i) (bb), provide thirty (30) days written notice to us before you change Your Bank Account, including the financial institution or the location of the branch at which Your Bank Account is maintained, and you shall not implement such changes without our prior written consent (such consent not to be unreasonably withheld or delayed);

(bb) notify us in writing immediately if any changes to Your Bank Account details are imposed on you, giving us full details of such changes and the reasons behind them.

(ii) Elavon will have no liability to you whatsoever for any loss caused by any delay in payments into Your Bank Account pursuant to section 4(d), due to and/or during any change set out in section 4(b) (i).

(c) Direct Debit Mandate.

(i) Unless we agree otherwise, you shall maintain with your bank an instruction authorising us to directly debit from Your Bank Account all sums that become due and payable by you to us under or in connection with this Agreement at the time we specify (“Direct Debit Mandate”) and we may debit Your Bank Account in accordance with the Direct Debit Mandate.

(ii) Subject to section 4(b) (i) (bb), you must always obtain our prior written consent to modify, limit or revoke any Direct Debit Mandate relating to Your Bank Account regardless of where it is held. In the event that you revoke any Direct Debit Mandate at any time during the Agreement, Elavon reserves the right to charge you for such revocation.

(iii) The Direct Debit Mandate shall remain in effect throughout the term of the Agreement and after termination of the Agreement until the later of (i) three hundred and ninety (390) days following the effective date of termination of the Agreement, or (ii) until all your Obligations have been fulfilled.

(d) Payments into Your Bank Account

(i) Subject always to the Laws, Card Scheme Rules, any direction of a Competent Authority or any deduction made by a Card Scheme and sections 14 and 15, Elavon shall pay you for all Sales Transactions accepted by you in accordance with this Agreement by transferring the Settlement Funds to Your Bank Account.

(ii) Payments into Your Bank Account, subject always to 4(d) (i) will be made in accordance with the funding frequency details set out in the Application (subject always to Elavon’s right to increase the funding frequency period by the number of delay days, also set out in the Application).

(e) Provisional credit. All payments into Your Bank Account pursuant to section 4(d) are subject to (i) audit and adjustment by Elavon for inaccuracies or errors, (ii) Chargebacks, (iii) all other Fees and Adjustments; and (iv) any conditional credit Elavon may elect to grant for individual or groups of Transactions.

(f) Acquiring limits. Elavon may limit the volume of Transactions it will acquire from you. Such limit may be changed by Elavon from time to time, upon reasonable notice to you. If you exceed the established limit, Elavon may suspend the acquiring of Transactions, and either return all Transactions exceeding the agreed volume to you or retain the sums it would otherwise pay into Your Bank Account pursuant to section 4(d) in accordance with the provisions of section 14.

(g) Card Scheme Fees. If Card Scheme Fees or any similar fees are adjusted and/or introduced by the Card Schemes or an Issuer for any reason, Elavon reserves the right to pass on any such adjustment or new fee to you pursuant to section 27(g). Card Scheme Fees and rules applicable to MasterCard® Transactions, are available on MasterCard’s public internet site at www.mastercard.com. In addition, information regarding transaction-related card scheme fees are available via the Reporting Tool.

(h) Customer statements. Elavon will provide you with monthly statements showing the value of all Sales Transactions acquired by Elavon as well as any: Merchant Service Charges; Refunds; Chargebacks; charges in the Schedule of Fees; Interchange Fees; as well as Fees and Adjustments.

5. OUR FEES

(a) You shall pay Elavon the Merchant Service Charges, all other charges set out in Schedule of Fees and any other Fees and Adjustments (plus any VAT applicable) payable by you in accordance with the provisions of this Agreement.

(b) We may from time to time vary the fees and charges set out at section 5(a) above and/or introduce new additional charges in accordance with section 27(g).

(c) At any time throughout the lifetime of this Agreement, you can request that Elavon provides you with an offer of the Merchant Service Charge on an Interchange Plus Plus basis.

(d) If you are an Interchange Plus Plus Customer any changes in Card Scheme Fees or any other costs charged by the Card Schemes to Elavon will be automatically passed on to you, however such changes do not constitute an amendment to the Agreement. We will endeavour to provide 2 (two) months’ notice of any material change in Card Scheme Fees or Card Scheme Fines where reasonably practicable. If you are not an Interchange Plus Plus Customer, changes in Card Scheme Fees and costs charged by the Card Schemes, mentioned in the first sentence of this section 5(d) will not be automatically passed on to you and any changes to the Agreement will be dealt with in accordance with section 27 (g) below.

Up to £120 cashback on Elavon Merchant Services for Santander 1|2|3 Business World customers

Download T&Cs Conditions

Effective July 2019

Receive up to 3% cashback on the first £4,000 of card turnover on your Elavon customer account, when you open a new Elavon customer account.

The cashback percentage you shall receive will be based upon the following levels of card turnover. Card turnover is the money that is processed through your Elavon customer account within the first 12 full months of transacting.

Eligibility

• You must be an existing Santander 1|2|3 Business World customer prior to opening your Elavon customer account. A Santander 1|2|3 Business World customer is someone who holds a 1|2|3 Business Current Account (including Start-up and Switcher offers)
• Your Elavon customer account must be settled into your Santander 1|2|3 Business Current Account There will be one cashback payment

How will I know I qualify?

Following the successful opening of your Elavon customer account, eligibility for cashback will be checked and you will receive confirmation of your eligibility within 60 calendar days by email.

How will the cashback be paid?

Cashback will be calculated during the promotional period which is the first 12 full months from the first card transaction date on the Elavon customer account. Both your Santander 1|2|3 Business Current Account and Elavon customer account must still be open and your Elavon customer account must be clear of arrears at the end of the promotional period. The cashback will be paid directly into your Santander 1I2I3 Business Current Account and is a one-off payment. You will receive an email notification confirming the payment, within 30 calendar days following the end of the promotional period. The cashback will be detailed as ‘ELAVON CSHBCK’ on your Santander 1|2|3 Business Current Account statement.

What if I don’t receive the cashback?

In the unlikely event that you do not receive the cashback, you can contact Elavon Merchant Services on 0345 600 0292. Lines are open 8am to 8pm, Monday to Saturday. Where Elavon are unable to make your cashback payment (for example you have closed your 1|2|3 Business Current Account), any monies that remain unclaimed following 12 months after the cashback payment was due, will be donated to a designated charity and will be no longer claimable.

Other terms & conditions

This offer is subject to availability. We reserve the right to withdraw this offer without notice at any time. Cashback paid into your Santander 1|2|3 Business Current Account can be taxable and may be reportable to HM Revenue & Customs. For further information, you should contact an independent tax adviser.

Additional information

Elavon are responsible for all ongoing queries, servicing, and complaints.