Chargebacks Clause Samples
POPULAR SAMPLE Copied 74 times
Chargebacks. You agree to accept for chargeback, and will be liable to the Bank in the amount of any Transaction disputed by the Cardholder or Card Issuer for any reason under the Operating Regulations. You authorize the Bank to offset from funds due You or to debit the Operating Account or, if applicable, the reserve account for the amount of all chargebacks. You will fully cooperate with the Bank in complying with the Operating Regulations regarding all chargebacks. Subject to any contrary provisions in this Agreement, the acceptance by the Bank of any sales receipt for deposit to Your Operating Account shall be made with full recourse to You, including without limitation, where:
a) The Approved Card giving rise to the Transaction has been cancelled and prior to, or at the time of, the Transaction You received notice of such cancellation through the electronic terminal or otherwise.
b) The Approved Card had expired prior to the date of the Transaction or the date of Transaction was prior to the validation date, if any, indicated on the Approved Card.
c) The sales receipt does not contain the signature that appears in the AUTHORIZED SIGNATURE panel of the Approved Card or is unsigned by the Cardholder or the electronic transmittal does not contain the required information.
d) The electronic transmittal for a PIN-based Debit Card Transaction does not include the Personal Identification Number (PIN) of the Cardholder.
e) The sales receipt represents a Transaction on which the Bank has received a complaint from or on behalf of a Cardholder stating there is an unresolved dispute between You and the Cardholder or the Cardholder did not make or authorize the Transaction.
f) A setoff or counterclaim of any kind shall exist in favor of any Cardholder against You that may be asserted in defense of an action to enforce payment against such Cardholder in a Transaction.
g) The sales receipt represents a transaction that was made at or by a merchant other than You as named in the Merchant Application.
h) You fail to take an impression of an Approved Card that was not electronically read by the terminal for a Card present transaction.
i) There is an attempt to circumvent a card issuer’s Authorization Limit by splitting the transaction or otherwise deposit or payment.
j) The Transaction otherwise violates the terms of this Agreement, the Laws or the Operating Regulations. In any such case, the Bank shall not be obligated to accept a sales receipt for deposit to Your Operating Accoun...
Chargebacks. Merchant shall use all reasonable methods to resolve disputes with the cardholder. Should a chargeback dispute occur, ▇▇▇▇▇▇▇▇ shall promptly comply with all requests for information from PayPal. Merchant shall not attempt to recharge a cardholder for an item that has been charged back to the cardholder, unless the cardholder has authorized such actions.
Chargebacks. All Chargebacks are due upon presentation to Merchant. In the case of a failure to pay a Chargeback upon such presentment, in addition to any other remedies which may be exercised by Servicers, Merchant agrees to pay a late charge of one and one half percent (1.5%) per month or portion thereof, or the highest amount allowable by law, whichever is less, on all unpaid Chargebacks. Servicers are authorized to deduct the amount of any Chargebacks and fees from any settlement amounts due to Merchant or from the Reserve Account, if any, or collect by any other means, including by debit to Account. Merchant acknowledges and agrees that it is bound by the Rules with respect to any Chargeback. Merchant further acknowledges that it is solely responsible for providing Servicers with any available information to re-present a Chargeback and that, regardless of any information it provides or does not provide Servicers in connection with a Chargeback, or any other reason, Merchant shall be solely responsible for the liability related to such Chargeback. Merchant understands and agrees that Card transactions are subject to Chargeback for a variety of reasons under the Rules, or if Merchant has breached this Agreement, including without limitation, for the following reasons:
(a) The Sales Draft is illegible, not signed by the Cardholder or has not been presented to Servicers within the required time-frames.
(b) The Sales Draft does not contain the Imprint of a valid unexpired Card.
(c) A valid authorization number has not been correctly and legibly recorded on the Sales Draft.
(d) The Sales Draft is a duplicate of a prior Card transaction or is the result of two or more Card transactions generated for a single sale.
(e) The Cardholder alleges that he or she did not participate in the sale, authorize the use of the Card, receive goods or services purchased, or receive a required credit adjustment, or disputes the quality of the goods or services purchased.
(f) The price of goods or services on the Sales Draft differs from the amount which Merchant presents for payment.
(g) The Card transaction results from an Internet, mail, phone or preauthorized order and the Cardholder disputes entering into or authorizing the Card transaction or the Card transaction has been made on an expired or non-existing account number.
(h) Servicers reasonably believe in their discretion that Merchant has violated any provision of this Agreement.
(i) Servicers reasonably determine that the Card tr...
Chargebacks. Merchant will accept for chargeback any sale for which the Cardholder disputes the validity of the sale according to prevailing Card Brand regulations, or a Card Issuer or Servicer determines that Merchant has in any way failed to comply with Card Brand regulations or Servicer's procedures in accepting a Card and presenting the resulting Sales Draft to Servicer for purchase.
Chargebacks. ▇▇▇▇▇▇▇▇ will accept responsibility for all Chargebacks related to ▇▇▇▇▇▇▇▇’s Transactions. Accordingly, ▇▇▇▇▇▇▇▇ will be liable to Provider in the amount of any Transaction disputed by the Cardholder or Card Issuer for any reason under the Network Rules. ▇▇▇▇▇▇▇▇ authorizes Provider to offset from funds due to Merchant or to debit the Account or, if applicable, the Reserve Account for the amount of all Chargebacks. ▇▇▇▇▇▇▇▇ agrees to fully cooperate with Provider in complying with the Network Rules regarding all Chargebacks. Merchant may not initiate a sale Transaction in an attempt to collect a Chargeback. Merchant will pay the current published fees for each Chargeback as listed on the Merchant Application and any other fines, fees, or assessments imposed by any Card Network or Card Issuer.
Chargebacks. Failure to comply with the Rules will reduce Processor or Member Bank’s ability to reverse chargebacks and increase the likelihood of your receiving a chargeback. You may be subject to a chargeback on sales for a minimum period of 180 days from the date the sale was entered into the Association’s processing system. Processor may hold funds from your account to cover any chargebacks for the later of 270 days following the effective date of termination of this Agreement or 180 days from the date of your last chargeback. Processor or Member Bank will mail all chargeback documentation to the address provided by you. You agree to respond promptly to all chargebacks. If Processor or Member Bank elects, at its discretion, to take action on chargebacks after the Association time limits have expired, such action shall be done at additional cost. You will not redeposit sales that have been previously charged back and not represented. This restriction applies whether or not the Cardholder consents to such activity. If you receive a chargeback for an international Cardholder, you are responsible for any currency conversion differences in the dollar amount. You will be charged the fee indicated on the Merchant Application for each chargeback.
Chargebacks. You are responsible for all checks you cash or deposit into your account. If we cash a check for you or accept it for deposit to your account, and it is returned to us unpaid, we will charge any of your accounts for the amount of the unpaid check. We may, at our option, resubmit the returned check without notification to you.
Chargebacks. A Chargeback is typically caused when a Consumer disputes a charge that appears on their bank account statement bill. A Chargeback may result in the reversal of a transaction, which consists of the original transaction amount plus any applicable Chargeback associated fees. You can be assessed Chargebacks for (i) Consumer disputes, or (ii) unauthorized or improperly authorized transactions, or (iii) transactions that do not comply with the terms of this Agreement or are allegedly unlawful or suspicious. When a Chargeback is issued, you are immediately liable to 2000Charge for the full amount of payment of the Chargeback plus any associated fees, fines, expenses or penalties. You agree that 2000Charge may recover these amounts by debiting your Settlement Account associated with your 2000Charge Account, debiting your Reserve, or setting off any amounts owed to you by us thru your Merchant Portal. If we are unable to recover funds related to a Chargeback for which you are liable, you are required to pay us the full amount of the Chargeback plus any incurred fees immediately upon demand. You agree to pay all costs and expenses, including without limitation attorney fees and other legal expenses, incurred by or on behalf of us in connection with the collection of any unpaid Chargebacks unpaid by you. Further, if we believe that a Chargeback is likely to occur with any transaction, we may withhold the amount of the potential Chargeback from the Settlement funds which are otherwise due to you under this Agreement until such time that: (a) a Chargeback is actually assessed, in which case we will retain the funds; (b) the period of time under applicable law or regulation by which the Consumer may dispute the transaction; or (c) we determine that a Chargeback on the transaction will not occur. We reserve the right to start a recovery process for all Chargebacks on your behalf. Once we recover a Chargeback successfully it will be credited to your Settlement Account, less our recovery service fees. You have the choice to opt out of this service via your Merchant Portal. It may arise that 2000Charge determines that you are incurring excessive Chargebacks. Excessive Chargebacks may result in additional fees, penalties, or fines. Excessive Chargebacks may also result in (a) additional controls and restrictions to your use of the Service, including without limitation, (i) changes to the terms of your Reserve, (ii) increases to your applicable fees, or (iii) delays in your ...
Chargebacks. 12.1. You shall be fully liable to Elavon for the amount of any and all Transactions returned to Elavon for whatever reason including Chargebacks (together with any Chargeback Costs) and/or other disputes regarding the validity of a Transaction, even where (a) all the requirements of Transactions set out in this Agreement have been complied with, and/or (b) you are under no legal liability in respect of the supply of the goods or services concerned.
12.2. Where a Chargeback is raised:
12.2.1. if we have not yet paid you for that Sales Transaction, we will not be required to do so; or
12.2.2. if we have already paid you for that Sales Transaction, you must pay the value of that Sales Transaction back to us. This is also the case where you send details about a transaction to us which is not a Sales Transaction but which has been acquired by us as a Sales Transaction.
12.3. The amount of each Chargeback represents a debt immediately due and payable by you to us irrespective of whether we make a demand upon you for the value of any Chargebacks.
12.4. We shall notify you, to the extent permitted by the Laws, as soon as reasonably practicable of any Chargebacks which have occurred or been incurred.
12.5. Where section 12.2 applies, we will be under no obligation to deal with the Cardholder ourselves or to try to obtain payment from them or the Issuer.
12.6. In the event that you wish to dispute a Chargeback, it is your responsibility to (i) prove to our reasonable satisfaction (which shall, subject to clause 12.7 and with limitation, be conditional upon the relevant Issuer or Card Scheme, as the case may be, confirming it is satisfied) that the debit of the Cardholder’s account was authorised by such Cardholder; and (ii) provide us with any additional evidence that we (or the relevant Issuer or Card Scheme) require in support of your claim.
12.7. Subject to the Card Scheme Rules, we shall not be obliged to investigate or challenge the validity of a Chargeback. We may charge you a Chargeback Costs for any such investigation or challenge. You acknowledge and agree that any decision or determination of the relevant Issuer or Card Scheme as to the validity and extent of any Chargeback shall be final and binding.
12.8. As Chargebacks may arise after a considerable period of time after the date of the relevant Sales Transaction, you acknowledge and agree that, notwithstanding the termination of this Agreement for whatever reason, we shall continue to be entitled to re...
Chargebacks. 3.1 Provider will charge back to Merchant and Merchant will pay Provider, the amount of each Transaction which Merchant or a Merchant Affiliate submits to Provider for processing that is subject to Chargeback to Provider for any reason under the Operating Rules, or to the extent Provider receives claims regarding the Transactions from Cardholders under other provisions of law. A Chargeback may occur for any one or more of several reasons under the Operating Rules or through operation of consumer protection laws, such as the Truth in Lending Act and the Fair Credit Billing Act. Merchant may not enter into interchange any Transaction that was previously charged back to Merchant Bank and returned to Merchant, irrespective of Cardholder approval.
3.2 If Provider determines that Merchant has or is reasonably likely to have a monthly ratio of Chargebacks to Transactions exceeding one percent (1%), Provider, may, at Processor’s or Merchant Bank’s discretion and without advance notice, (i) impose new, mandatory procedures and/or additional Processing Fees for processing Chargebacks for Merchant, and/or (ii) terminate this Agreement. The Card Networks have established guidelines, merchant monitoring programs and reports to track merchant activity such as, but not limited to excessive credits and Chargebacks, and increased deposit activity. In the event Merchant exceeds the guidelines or submits suspicious Transactions as identified by a Card Network or any related program or reports, Merchant may be subject to: (a) operating procedure requirement modifications; (b) incremental Chargebacks and/or fees; (c) settlement delay or withholding; (d) termination of this Agreement; and/or (e) audit and imposition of fines or other assessments. Merchant hereby releases Provider from any and all damages, liability, expenses that Merchant may incur as a result of Provider's compliance with Card Network directives. ▇▇▇▇▇▇▇▇ must immediately pay any fines, assessments or fees imposed by a Card Network or Provider relating to Chargebacks to Merchant.
3.3 Each Chargeback to Merchant is immediately due and payable by ▇▇▇▇▇▇▇▇. Without limiting Provider's other remedies or Provider's security interest described in Section 17 below, Merchant Bank may deduct, debit and withhold the amount of a Chargeback or anticipated Chargeback from the Settlement Account, Reserve Account, or any Merchant account at Merchant Bank, or other property of Merchant held by Provider, or any Settlement Acco...