4. Liability
The terms of this clause 4 are in addition to the liability provisions in the MSA.
4.1 Limitation of liability
- The Customer authorises the Authorised Suppliers at its own risk and absent Mint’s fraud or wilful misconduct, Mint will not be liable for any loss or damage suffered by the Customer as a result of theCustomer authorising the Authorised Suppliers under these MintEFT CustomerSupplier Integration Terms and Conditions, including without limitation, any conduct of an Authorised Supplier initiating payments from the Customer inMintEFT.
4.2 Indemnity
- The Customer must indemnify and hold Mint harmless from and against any Claim against Mint, including without limitation a Claim brought against Mint by an Authorised Supplier, arising from or connected with the Customer authorising the Authorised Suppliers under these MintEFT Customer Supplier Integration Terms and Conditions.
4.3 Termination
- Without limiting any termination rights under the MSA, Mint may terminate these MintEFT Customer Supplier Integration Terms and Conditions:
- immediately
- if the Customer has an insolvency Event; or
- if the Customer commits a breach of these MintEFT Customer Supplier Integration Terms and Conditions that is not capable of being remedied; and
- if the Customer commits a breach of these MintEFT Customer Supplier Integration Terms and Conditions that is capable of being remedied, [10] business days after giving the Customer written notice of the breach, unless remedied by the Customer beforehand.
- The Customer may terminate these MintEFT Customer Supplier Integration Terms and Conditions on [30] business days’ notice to Mint.
- If either party terminates these MintEFT Customer Supplier Integration Terms and Conditions and/or the MSA, the Customer must not purport to authorise any further MintEFT payments in an Authorised Supplier’s platform.
- Clauses 4 and 4.2 of these MintEFT Customer Supplier Integration Terms and Conditions survive termination of the same for any reason.