1. The promoter of this offer ("Offer") is First Data Europe Limited (t/a First Data) ("First Data").
  2. The Offer is only available to new merchants ("Applicants") accepted and signed to First Data in the period on and from 24 September 2018 until 31 October 2018 ("Offer Period"). Existing First Data merchants are not eligible to participate in this Offer.
  3. To be eligible for this Offer, an Applicant must:
    1. be and continue to be resident in the United Kingdom for the duration of the Merchant Agreement;
    2. operate and continue to operate in the following specified industry categories: MCC 5812 & 5814 (described as Eating places and restaurants and Fast Food restaurants) for the duration of the Merchant Agreement;
    3. have processed, through the Applicant's account with First Data ("FD Account"), a total aggregate value of transactions equal to or greater than £50,000 by 31 October 2019 ("Card Sales Minimum");
    4. have in full force and effect a leasing contract with First Data in respect of Clover terminals with a total term length equal to or greater than 36 months ("Clover Lease") ("Clover Lease Condition"); and
    5. agree to be bound by First Data's standard merchant conditions and complete and submit to First Data a duly executed standard merchant application form ("Merchant Agreement"). Any and all information provided by applicants must be accurate, up to date and complete;
  4. By submitting an application for this Offer, Applicants are deemed to have read and understood these terms and conditions, and be bound by them. Only one application per Applicant is permitted.
  5. All Offer applications considered by First Data will be subject to the standard First Data merchant application and approval process (including KYC/due diligence).
  6. Provided that First Data has, in its sole discretion, determined the Applicant to be eligible for the Offer in accordance with these terms and conditions, First Data will credit the Applicant with up to, but not exceeding, £500 ("Offer Amount") through the Applicant's November 2019 statement (which shall be provided to the Applicant in the normal course in accordance with the terms of the Merchant Agreement) ("Statement").
  7. Offer Amount
    1. 7.1 The value of the Offer Amount to be reimbursed to the Applicant in its statement will be determined by First Data in its sole and absolute discretion by reference to:
      1. 7.1.1 subject to the Clover Term Condition, the total term of the Clover Lease to which the Applicant is a party; and
      2. 7.1.2 subject to the Card Sale Minimum, the total aggregate value of transactions processed up by the Applicant through its FD Account in the period up to and including 31 October 2019,
    2. If the Applicant is determined eligible for the Offer by First Data in accordance with the above, it will receive one of the following Offer Amounts as determined by First Data in its sole discretion:

      Card Sales Minimum Offer Amount
      (GBP) 36 Month Clover Lease 48 Month Clover Lease
      £50,000 £100 £250
      £150,000 £150 £300
      £350,000 £250 £400
      £500,000 £350 £500

    3. 7.2Any awarded Offer Amount will be reimbursed to the Merchant during the period commencing on 30 November 2019 and ending on 14 December 2019 and any such award remains subject to:
      1. 7.2.1the issuance by FDE issuance of the Statement;
      2. 7.2.2the FD Account remaining active and open throughout November 2019; and
      3. 7.2.3the FD Account remaining open and active without any outstanding arrears at any time up to and including 30 November 2019.
  8. No cash equivalent or alternative credit is available in respect of the Offer Amount. The Offer is non-transferable and is not available in conjunction with any other offers.
  9. First Data may suspend, revoke or amend the Offer at any time for any reason as First Data in its sole discretion determines. The rules and terms and conditions of the Offer may be changed at the sole discretion of First Data without notice to any party including for the avoidance of doubt where First Data in its sole discretion determines that Merchant is in breach of any of the Offer terms and conditions or in breach of any of its obligations under the Merchant Agreement, or where First Data is required to do so under any applicable law or as a result of any request of any regulator, card scheme, court order or any other law enforcement body.
  10. First Data's decision to approve any application for the Offer and the provision of First Data merchant services shall be made at First Data's sole discretion and shall be final. Correspondence will not be entered into in respect of that or any other decision of First Data in connection with or in respect the terms of the Offer.
  11. To the fullest extent permitted by applicable law, First Data, its agents, associated companies, employees, officers, directors and partners shall not be liable or responsible to any party whatsoever (including for the avoidance of doubt, the Applicant, any Merchant or any employee, agent, director, officer or affiliate of either the Applicant or any Merchant) for any loss, damage, delay, expenses, injury or death howsoever caused, whether in contract, tort (including without limitation negligence, fraud or malicious act), statutory or otherwise arising out of or in connection with the Offer or receipt or use of any prize awarded pursuant to the Offer and First Data does not recommend or guarantee the performance of any contractor or the obligations of any third parties associated with any prize (including without limitation the manufacturer or promoter of any prize) and will not be liable for any fraud committed by any third party.
  12. First Data accepts no responsibility or any liability to any party for applications that are incomplete, illegible or fail to be redeemed by the relevant closing date for any reason or any applications that are submitted unlawfully.
  13. Any submission of new merchant contact/application data is subject to the First Data Corporation Binding Corporate Rules for Data Privacy and Protection.
  14. The Offer and these terms and conditions will be governed by English law and subject to the exclusive jurisdiction of the English courts.
  15. In the event of any inconsistency between the provisions of these terms and conditions and the Merchant Agreement, the provisions of the Merchant Agreement shall prevail to the extent of such inconsistency.