That's language that one of our sponsoring banks unfortunately has not yet removed from the agreement. It's boilerplate language that is optional for us to enforce. Regardless, we're working with them to get it removed because we maintain that merchants can cancel their services at any time without a termination fee, and that language is clearly inconsistent.
Since that language is in there, we have always provided an addendum to the agreement that provides assurance to merchants that they can cancel whenever they want without having any termination fees. The addendum is located right next to application and is completed with every new customer that signs up. It states the following:
"WHEREAS, Braintree wishes to assure Merchant that Merchant will not have to pay any termination fees for the Merchant Agreement with Braintree or any of the processors used by Braintree; NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: Merchant may terminate the Merchant Agreement with Braintree, and any processor utilized by Braintree. If Merchant exercises this termination right then Merchant shall not have to pay any termination fees."
We have never had contracts and have never charged a termination fee.
Since that language is in there, we have always provided an addendum to the agreement that provides assurance to merchants that they can cancel whenever they want without having any termination fees. The addendum is located right next to application and is completed with every new customer that signs up. It states the following:
"WHEREAS, Braintree wishes to assure Merchant that Merchant will not have to pay any termination fees for the Merchant Agreement with Braintree or any of the processors used by Braintree; NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: Merchant may terminate the Merchant Agreement with Braintree, and any processor utilized by Braintree. If Merchant exercises this termination right then Merchant shall not have to pay any termination fees."
We have never had contracts and have never charged a termination fee.