1. This campaign (‘Elavon Switcher Campaign’) is promoted by Elavon Financial Services DAC, registered in Ireland - number 418442, registered Office: Building 8, Cherrywood Business Park, Loughlinstown, Co. Dublin, D18 W319, Ireland, Elavon Financial Services DAC, trading as Elavon Merchant Services, is regulated by the Central Bank of Ireland (‘Elavon’).
2. Please read these terms & conditions (“Terms”) carefully. By entering this Elavon Switcher Campaign, you are agreeing to be bound by these Terms.
3. The Elavon Switcher Campaign is being promoted on the website Elavon.ie (the ‘Website’).
4. The Elavon Switcher Campaign is only open for business customers in the Republic of Ireland who satisfy all criteria set out in clause 6 below.
5. Each applicant who is a business customer (i.e. not a consumer) (the ‘Applicant’) that satisfies the Eligibility Conditions set out in clause 6 below shall be deemed to be a ‘Qualified Business’ and will be awarded the following benefits subject to these Terms:
5.1. the applicable terminal rental shall be reimbursed to the Qualified Business’s Elavon Merchant Services Account for the Applicable Duration (as defined in clause 6 below) provided the Qualified Business has an operating Elavon Merchant Services Account and has commenced transmitting card payments to Elavon for clearing and payment; and
5.2. no joining fee shall be charged by Elavon for switching over to Elavon’s Merchant Services (as defined in clause 6 below) from another provider of Merchant Services or similar services;
5.3. applicable rates, as shown in the Schedule of Fees, will continue to apply to your Customer Agreement with Elavon (together the “Benefits”).
6. Each Applicant must satisfy all of the following eligibility conditions in order to be deemed a Qualified Business and to qualify for the Benefits (together the “Eligibility Conditions”):
6.1. The Applicant must apply to Elavon directly for Merchant Services by any of the following means:
6.1.1. calling 1800 995 085; or
6.1.2. entering their contact details on the Website; or
6.1.3. via an Elavon representative,
(each an “Application”), between 00:01 on 2 March 2020 and 23:59 on 31 May 2020 (dates and times in the Republic of Ireland), and quoting this Elavon Switcher Campaign offer during the Application. Applications received outside of these dates will not be considered;
6.2 The Applicant at the time of the Application:
6.2.1 must be established and trading in the Republic of Ireland,
6.2.2 have been trading for a minimum trading of twenty-four (24) months in the Republic of Ireland,
6.2.3 is already receiving card payments from any party other than Elavon,
6.2.4 has provided the Applicant’s annual card transactional turnover in order for Elavon to determine the period that the Applicant shall receive for the reimbursement of the applicable terminal rental (the “Applicable Duration”) and the number of free terminal rentals that the Applicant is eligible for,
6.2.5 has not received or benefited from this Elavon Switcher Campaign in twelve (12) months prior to the Application,
6.3 If requested by Elavon the Applicant shall promptly provide evidence of its eligibility under clause 6.2 above to the reasonable satisfaction of Elavon.
7. Upon satisfaction of the above Eligibility Conditions:
7.1. the Applicant, upon being notified by Elavon, shall complete and submit Elavon’s Application Form for Merchant Services; and
7.2. subject to the Applicant fulfilling Elavon’s acceptance criteria, shall enter into a written agreement with Elavon for the provision of the Merchant Services (“Customer Agreement”).
For the purposes of these Terms “Merchant Services” shall mean the acceptance of card transactions in documentary and/or electronic form from the Qualified Business in order to process and clear such transactions for settlement and payment to such Qualified Business and other related products and services provided by Elavon.
8. Elavon reserves the exclusive right at its sole discretion to determine whether a Qualified Business satisfies the Eligibility Conditions and to reject an Application and Elavon shall not be obliged to disclose the reasons or justification for the rejection of the Application.
9. Each Applicant should be aware that once it enters into a Customer Agreement, it is bound by the terms of that Customer Agreement which applies to the Merchant Services.
10. Where an Applicant is not a Qualified Business this does not necessarily prevent the Applicant from receiving Merchant Services subject to fulfilling Elavon’s acceptance criteria and entering into a Customer Agreement with Elavon.
11. Elavon will not charge a Qualified Business a joining fee for switching to Elavon. However, any other costs incurred by the Applicant or the Qualified Business associated with the Elavon Switcher Campaign shall be borne solely by the Applicant or the Qualified Business.
12. The Benefits are not transferable, or exchangeable and no cash alternative will be offered in the event that a Qualified Business does not or is unable to claim or receive any of the Benefits for any reason whatsoever.
14. Elavon reserves the right at any time, without prior notice, to change, vary, postpone, delay or discontinue the Q1 2020 Elavon Switcher Campaign and Benefits or any stage(s), in whole or in part.
15. It is advised that all Applicants retain a copy of these Terms for future reference.
16. This Elavon Switcher Campaign and these Terms are governed by the laws of the Republic of Ireland. Any disputes (contractual or non-contractual) arising under or in connection with the Elavon Switcher Campaign or these Terms are subject to the non-exclusive jurisdiction of the Courts of Ireland for business customers in Ireland.