Adyen may apply set-off against any settlement funds or bank account balances owed to the merchant to satisfy any outstanding amounts the merchant owes to Adyen, including during bankruptcy, winding up, or dissolution proceedings, and including where either party's debt is conditional or not yet due.
This analysis describes what Adyen's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision asserts set-off rights that extend to insolvency scenarios, including where the merchant's debt to Adyen is not yet due, which may affect the treatment of merchant funds held by Adyen in the context of insolvency proceedings under applicable bankruptcy law.
Interpretive note: Enforceability of contractual set-off rights in insolvency proceedings varies by jurisdiction; the Dutch-law governing clause may not prevail over mandatory insolvency protections in the merchant's home jurisdiction.
Under this clause, Adyen may deduct any amounts the merchant owes from settlement funds or bank account balances at any time, including during insolvency proceedings, without requiring the amounts to be currently due or unconditional.
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Compare across platforms →"Without prejudice to any right to set-off which Adyen may be entitled to as a matter of law, Adyen may set-off any amounts due to the Merchant or standing to the credit of the Bank Account against any amounts owed or other liabilities of the Merchant, now or at any time hereafter due, owing or incurred by the Merchant to Adyen under, in connection to, or pursuant to the Terms and Conditions and/or the Merchant Agreement. This right of set-off includes but is not limited to the situation where proceedings are initiated for the winding up, bankruptcy or dissolution of the Merchant (or similar proceedings).Excerpt from Adyen's Terms
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This provision asserts set-off rights that extend to insolvency scenarios, including where the merchant's debt to Adyen is not yet due, which may affect the treatment of merchant funds held by Adyen in the context of insolvency proceedings under applicable bankruptcy law.
Under this clause, Adyen may deduct any amounts the merchant owes from settlement funds or bank account balances at any time, including during insolvency proceedings, without requiring the amounts to be currently due or unconditional.
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