My question is one that involves contract law concerning the wording of term of contract and automatic renewal of contract. I am having a dispute with my credit card processing company over the expiration date of my current agreement. Does the Terminal Placement Program Form state or supersede the original contract form renewal term, or just the original term. It is not clear to me that the Terminal Placement Program Form is worded that way. It clearly does not state the renewal months of the term. When I signed both pages I believed that the renewal of the initial term would be for 18 months. This company is telling me that the renewal is for 36 months.
This is the Section of the original contract.
9. Term. The term of this Agreement shall be twenty four (24) months commencing on the acceptance of the Application and the Agreement by Bank and EMS and the issuance of a merchant account identification number to Merchant identifying Merchant for accounting, billing, customer service and related purposes in connection with the Services. Thereafter, the Term shall automatically renew for additional consecutive eighteen (18) month terms, unless written notice of termination (to be effective upon the expiration of the then current term) is provided by Merchant to Bank and EMS or by Bank and EMS to Merchant at least ninety (90) days prior to the then existing term, unless earlier terminated in accordance with the provisions of this agreement.
This is the section on the Terminal Placement Program Form
In consideration of EMS' offering the Merchant participation in the Terminal Placement Program, Merchant hereby agreees that (i)the Term of the Merchant Agreement designated in setgion 9 thereof shall be increased to thirty six (36) months, and (ii) the termination fee provided in section 10 of the Merchant Agreement shall be increased by $795.00.
Who is correct? If I am what can I do about it?