Common use of Chargebacks Clause in Contracts

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 recover Chargebacks and Chargeback Costs from you (and where relevant from any Person who has provided us with a Guarantee or security relating to your obligations under this Agreement) in relation to all Chargebacks that occur in relation to Sales Transactions acquired during the term of this Agreement. You will not resubmit or reprocess any Sales Transaction that has been the subject of a Chargeback. 12.9. You shall not be liable for any Chargebacks or Chargeback Costs to the extent that they are caused by our breach of our obligations under this Agreement. 12.10. If you wish to dispute a Chargeback, you will do so in accordance with the applicable procedure set out in the Operating Guide and Card Scheme Rules. In the case of a disputed Chargeback, you must provide us within any specified timeframe with the evidence required by us, the Issuer or Card Scheme.

Chargebacks. 12.1. You shall be fully liable 13.1 We may decide to Elavon Chargeback to you any amount for any Card Transaction or part of it if: 13.1.1 the amount of Card Transaction is invalid, unauthorised or Fraudulent; 13.1.2 the Cardholder disputes their liability for any and all Transactions returned to Elavon reason; 13.1.3 we dispute liability 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.valid reason; and 12.2. Where 13.1.4 a Chargeback is raised:effected in terms of the Rules. 12.2.113.2 If we have accepted any Card Transaction in terms of the Agreement it is not binding on us and we may Chargeback the Card Transaction amount or part of it to you at any time (or delete such Transaction, if we become aware of it before settlement). Notice of the Chargeback will have an explanation and, if needed or available, supporting documents. 13.3 We will give you the opportunity to advise us why such Chargeback should not be effected. 13.4 When a Chargeback is initiated and we have not yet paid you for that Sales already settled such Transaction, we will not be required may withhold the Transaction funds immediately. You also become liable to do so; or 12.2.2. if we have already paid you us for that Sales Transaction, you must pay the value full amount of that Sales Transaction back to usthe Chargeback amount as well as any penalties and charges. 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 deducted from them or the Issuer. 12.6your Bank Account immediately. In the event that you wish do not have a sufficient balance to dispute fund the Chargeback we may debit this amount from your Bank Account or any other financial instrument linked to your account. If we reasonably believe that a ChargebackChargeback is likely, it is we may reserve the amount of the potential Chargeback in advance until the Chargeback process has been completed. 13.5 You agree to assist, at your responsibility expense and to (i) prove investigate any Transactions linked to our reasonable satisfaction (which shall, subject your Bank Account. You also permit us to clause 12.7 and with limitation, be conditional upon share the relevant Issuer information with the customers, Issuers, Payment Schemes or Card Scheme, Regulatory Authorities 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 required 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 recover Chargebacks and Chargeback Costs from you (and where relevant from any Person who has provided us with a Guarantee or security relating to your obligations under this Agreement) in relation to all Chargebacks that occur in relation to Sales Transactions acquired during the term of this Agreement. You will not resubmit or reprocess any Sales Transaction that has been the subject of mediate a Chargeback. 12.9. You shall not be liable for any 13.6 If you are incurring a high rate or excessive amount of Chargebacks we may elect, at our discretion, to introduce new Fees, delay deposits or Chargeback Costs to suspend or terminate your use of the extent that they are caused by our breach of our obligations under this AgreementSnapScan Merchant Service. 12.10. If 13.7 We will not refund you wish to dispute the Merchant Commission in respect of any Chargeback. 13.8 Where Instant Money is used as a Chargeback, you will do so in accordance with the applicable procedure set out in the Operating Guide and Card Scheme Rules. In the case of a disputed Chargeback, you must provide us within any specified timeframe with the evidence required by uspayment type, the Issuer or Card Schemeterms and conditions applicable to Chargebacks will not apply.

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 If a Transaction is an Invalid Transaction as denoted in clause 5.2(c), or otherwise constitutes a valid Chargeback in accordance with 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 may in our sole discretion (without a request or demand from a Cardholder): (i) refuse to investigate or challenge accept the validity Transaction; or (ii) if the Transaction has been processed, at any time within 180 days 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, charge that Transaction back to you acknowledge and agree that, notwithstanding by debiting the termination of this Agreement for whatever reason, we shall continue to be entitled to recover Chargebacks and Chargeback Costs from you (and where relevant from Settlement Account or Fee Account or by otherwise exercising any Person who has provided us with a Guarantee or security relating to your obligations under this Agreement) in relation to all Chargebacks that occur in relation to Sales Transactions acquired during the term of this Agreement. You will not resubmit or reprocess any Sales Transaction that has been the subject of a Chargeback. 12.9. You shall not be liable for any Chargebacks or Chargeback Costs to the extent that they are caused by our breach of our obligations right under this Agreement. 12.10. If (b) We may also refuse to accept or Chargeback any Transaction where: (i) the Cardholder claims the Transaction is invalid or disputes liability for any reason; (ii) you wish process a cancelled Recurring Transaction; or (iii) the Cardholder asserts a claim for set off or counterclaim. (c) A Transaction is an “Invalid Transaction” and may be subject to dispute Chargeback if: (i) the Card was not valid at the time of the Transaction (for example, the Card has expired, is not yet valid, or has been cancelled or revoked); (ii) there is no signature on the Sales Receipt where required or the signature on the Sales Receipt is different to that on the Card; (iii) the Cardholder did not participate in or authorise the Transaction; (iv) you used replaced Supplied Equipment after being directed to discontinue such use; (v) the Sales Receipt has been altered without the Cardholder's authority; (vi) the Sales Receipt is incomplete or was not presented to us within the relevant timeframe; (vii) it is subject to dispute, set-off or counterclaim; (viii) it was processed to your own Card; (ix) Authorisation for the Transaction was declined for any reason; (x) it represents the refinance of an existing debt or the collection for a Chargebackdishonoured cheque; (xi) it represents a transfer of funds, and not the supply of goods or services, or is a Cash Related Transaction; (xii) it is not entered into by you will do so and the Cardholder or is not submitted by any authorised third party; (xiii) it is not processed in accordance with the applicable procedure Operating Procedures or any other term of this Agreement; (xiv) you issue a credit which does not have a previous offsetting sale; or (xv) it relates to or is in connection with, the sale of goods or services that are in contravention of the laws of Australia or are otherwise prohibited by us. (d) If we receive a payment from a Cardholder relating to an Invalid Transaction that has been subject to a Chargeback, we will credit the Settlement Account with an amount equal to that payment, less any amount we are entitled to withhold or set out off under this Agreement. (e) Despite any contract, arrangement or understanding to the contrary, you acknowledge that a Cardholder is entitled to initiate a Chargeback of any Transaction where permitted in the Operating Guide and accordance with relevant Card Scheme Rules. In the case of a disputed Chargeback, you must provide us within any specified timeframe with the evidence required by us, the Issuer or Card Scheme.

Chargebacks. 12.1. You shall be fully liable 13.1 We may decide to Elavon Chargeback to you any amount for any Card Transaction or part of it if: 13.1.1 The Card Transaction is invalid, unauthorised or Fraudulent; 13.1.2 the amount of Cardholder disputes their liability for any and all Transactions returned to Elavon reason; 13.1.3 we dispute liability 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.valid reason; and 12.2. Where 13.1.4 a Chargeback is raised:effected in terms of the Rules. 12.2.113.2 If we have accepted any Card Transaction in terms of the Agreement it is not binding on us and we may Chargeback the Card Transaction amount or part of it to you at any time (or delete such Transaction, if we become aware of it before settlement). Notice of the Chargeback will have an explanation and, if needed or available, supporting documents. 13.3 We will give you the opportunity to advise us why such Chargeback should not be effected. 13.4 When a Chargeback is initiated and we have not yet paid you for that Sales already settled such Transaction, we will not be required may withhold the Transaction funds immediately. You also become liable to do so; or 12.2.2. if we have already paid you us for that Sales Transaction, you must pay the value full amount of that Sales Transaction back to usthe Chargeback amount as well as any penalties and charges. 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 deducted from them or the Issuer. 12.6your Bank Account immediately. In the event that you wish do not have a sufficient balance to dispute fund the Chargeback we may debit this amount from your Bank Account or any other financial instrument linked to your account. If we reasonably believe that a ChargebackChargeback is likely, it is we may reserve the amount of the potential Chargeback in advance until the Chargeback process has been completed. 13.5 You agree to assist, at your responsibility expense and to (i) prove investigate any Transactions linked to our reasonable satisfaction (which shall, subject your Bank Account. You also permit us to clause 12.7 and with limitation, be conditional upon share the relevant Issuer information with the customers, Issuers, Payment Schemes or Card Scheme, Regulatory Authorities 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 required 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 recover Chargebacks and Chargeback Costs from you (and where relevant from any Person who has provided us with a Guarantee or security relating to your obligations under this Agreement) in relation to all Chargebacks that occur in relation to Sales Transactions acquired during the term of this Agreement. You will not resubmit or reprocess any Sales Transaction that has been the subject of mediate a Chargeback. 12.9. You shall not be liable for any 13.6 If you are incurring a high rate or excessive amount of Chargebacks we may elect, at our discretion, to introduce new Fees, delay deposits or Chargeback Costs to suspend or terminate your use of the extent that they are caused by our breach of our obligations under this AgreementSnapScan Merchant Service. 12.10. If 13.7 We will not refund you wish to dispute the Merchant Commission in respect of any Chargeback. 13.8 Where Instant Money is used as a Chargeback, you will do so in accordance with the applicable procedure set out in the Operating Guide and Card Scheme Rules. In the case of a disputed Chargeback, you must provide us within any specified timeframe with the evidence required by uspayment type, the Issuer or Card Schemeterms and conditions applicable to Chargebacks will not apply.

Chargebacks. 12.111.1. You shall be fully liable agree that each Chargeback and each Assessment represents a debt immediately due and payable by you to Elavon us. 11.2. You acknowledge and agree that you are required to reimburse us for Chargebacks in circumstances where you have accepted payment in respect of 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 relevant Transaction, even where (a) all the requirements of Transactions set out in this Agreement have been complied with, and/or (b) if 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 To the extent permitted by the LawsApplicable Law, we shall notify you as soon as reasonably practicable of any applicable Chargebacks and Chargeback Costs which have occurred or been incurred. 12.511.3. Where section 12.2 appliesAny Chargebacks for which you are required to reimburse us shall correspond to the whole or part of the Transaction Value in the currency of the original Transaction. Unless you have an account with us in the currency in which the Chargeback is charged, the Chargeback amount may be converted to the Settlement Currency from the currency of Chargeback at the exchange rate quoted to us or as we will be under no obligation to deal with the Cardholder ourselves or to try to obtain payment from them or the Issuerotherwise determine. 12.611.4. In the event that you wish to dispute a Chargeback, it is your responsibility responsibility: (a) to (i) prove to our reasonable satisfaction (which shall, subject to clause 12.7 Clause 11.5 and with without limitation, be conditional upon the relevant Issuer Network, Local Payment Network, Acquirer or Card SchemePayment Method Provider, as the case may be, confirming it is satisfied) that the debit of the CardholderBuyer’s account was authorised by such CardholderBuyer; and and (iib) (additionally) to provide us with such other evidence as we or any additional evidence that we (Network, Local Payment Network, Acquirer or the relevant Issuer or Card Scheme) Payment Method Provider may require you to provide in support of your claim. The evidence required to be provided will depend on, among other things, the nature of the Chargeback, and may vary accordingly. 12.711.5. Subject to the Card Scheme Network Rules, we shall not be obliged to investigate or challenge the validity of a Chargeback. We may charge you a any Chargeback Costs for any such investigation or challengeAssessment. You acknowledge and agree that any decision or determination of the relevant Issuer Network, Local Payment Network, Acquirer or Card Scheme Payment Method Provider as to the validity and extent of any Chargeback and/or Assessment shall be final and binding. 12.811.6. 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 any termination of this Agreement these Terms for whatever reason, we shall continue remain, without prejudice to be Clause 6, entitled to recover Chargebacks and Chargeback Costs from you (and and, where relevant relevant, from any Person who has provided us with a Guarantee guarantee or security relating to your obligations under this Agreementthese Terms) in relation to respect of all Chargebacks that occur in relation to Sales Transactions acquired effected during the term of this Agreement. You will not resubmit or reprocess any Sales Transaction that has been the subject of a Chargebackthese Terms. 12.9. You shall not be liable for any Chargebacks or Chargeback Costs to the extent that they are caused by our breach of our obligations under this Agreement. 12.1011.7. If you wish to dispute a ChargebackChargeback or Assessment, you will do so in accordance with the applicable procedure set out in the Operating Guide and Card Scheme Network Rules. In the case of a disputed ChargebackChargeback or Assessment, you must provide us within any specified timeframe with the evidence required by us, Network, Local Payment Network, Acquirer or Payment Method Provider . 11.9. We may suspend all or part of the Issuer Services if the ratio of Chargebacks to Transactions is excessive or Card Schemewe otherwise consider, in our sole and absolute discretion, that the total volume or value of Chargebacks is excessive. 11.10. Without limiting any of the foregoing in this clause 11, in the event of a Chargeback that relates to a Transaction that was subject to the FX Conversion Fee, you agree that the conversion of the relevant currency for the purposes of the Chargeback will be subject to the FX Conversion Fee and the prevailing relevant exchange rate as determined by Airwallex.

Chargebacks. 12.111.1. We have rights in relation to Chargebacks for charges: (i) which are disputed, in accordance with the procedure described herein; (ii) in respect of which a Buyer has rights under law to withhold payment; (iii) in respect of which there has been actual or alleged fraud, (iv) in respect of which you have not complied with these Terms (including omitting any transmission data from charge submissions), even if we had notice when we paid you for a charge that you did not comply with and even if you obtained authorization for the charge in question; (v) for which you did not obtain the Buyer’s approval of the full exact amount of the charge prior to submission; and (vi) as provided elsewhere in these Terms. 11.2. You shall be fully liable agree that each Chargeback and each Assessment represents a debt immediately due and payable by you to Elavon us. We may reverse a Transaction by deducting, withholding, recouping from, or offsetting against our payments to you (or debit your Account) or we may notify you of your obligation to pay us, which you must do promptly and fully. Our failure to demand payment does not waive our rights hereunder. 11.3. You acknowledge and agree that you are required to reimburse us for Chargebacks in circumstances where you have accepted payment in respect of 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 relevant Transaction, even where (a) all the requirements of Transactions set out in this Agreement have been complied with, and/or (b) if 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 To the extent permitted by the LawsApplicable Law, we shall notify you as soon as reasonably practicable of any applicable Chargebacks and Chargeback Costs which have occurred or been incurred. 12.511.4. Where section 12.2 applies, we will be under no obligation Any Chargebacks for which you are required to deal with reimburse us shall correspond to the Cardholder ourselves whole 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 part of the Cardholder’s Transaction Value in the currency of the original Transaction. Unless you have an account was authorised by such Cardholder; and (ii) provide with us with any additional evidence that we (or in the relevant Issuer or Card Scheme) require currency in support of your claim. 12.7. Subject which the Chargeback is charged, the Chargeback amount may be converted to the Card Scheme Rules, Settlement Currency from the currency of Chargeback at the exchange rate quoted to us or as 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 bindingotherwise determine. 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 recover Chargebacks and Chargeback Costs from you (and where relevant from any Person who has provided us with a Guarantee or security relating to your obligations under this Agreement) in relation to all Chargebacks that occur in relation to Sales Transactions acquired during the term of this Agreement. You will not resubmit or reprocess any Sales Transaction that has been the subject of a Chargeback. 12.9. You shall not be liable for any Chargebacks or Chargeback Costs to the extent that they are caused by our breach of our obligations under this Agreement. 12.10. If you wish to dispute a Chargeback, you will do so in accordance with the applicable procedure set out in the Operating Guide and Card Scheme Rules. In the case of a disputed Chargeback, you must provide us within any specified timeframe with the evidence required by us, the Issuer or Card Scheme.

Chargebacks. 12.111.1. You shall be fully liable agree that each Chargeback and each Assessment represents a debt immediately due and payable by you to Elavon us. 11.2. You acknowledge and agree that you are required to reimburse us for Chargebacks in circumstances where you have accepted payment in respect of 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 relevant Transaction, even where (a) all the requirements of Transactions set out in this Agreement have been complied with, and/or (b) if 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 To the extent permitted by the LawsApplicable Law, we shall notify you as soon as reasonably practicable of any applicable Chargebacks and Chargeback Costs which have occurred or been incurred. 12.511.3. Where section 12.2 appliesAny Chargebacks for which you are required to reimburse us shall correspond to the whole or part of the Transaction Value in the currency of the original Transaction. Unless you have an account with us in the currency in which the Chargeback is charged, the Chargeback amount may be converted to the Settlement Currency from the currency of Chargeback at the exchange rate quoted to us or as we will be under no obligation to deal with the Cardholder ourselves or to try to obtain payment from them or the Issuerotherwise determine. 12.611.4. In the event that you wish to dispute a Chargeback, it is your responsibility responsibility: (a) to (i) prove to our reasonable satisfaction (which shall, subject to clause 12.7 Clause 11.5 and with without limitation, be conditional upon the relevant Issuer Network, Local Payment Network, Acquirer or Card SchemePayment Method Provider, as the case may be, confirming it is satisfied) that the debit of the CardholderBuyer’s account was authorised by such CardholderBuyer; and and (iib) (additionally) to provide us with such other evidence as we or any additional evidence that we (Network, Local Payment Network, Acquirer or the relevant Issuer or Card Scheme) Payment Method Provider may require you to provide in support of your claim. The evidence required to be provided will depend on, among other things, the nature of the Chargeback, and may vary accordingly. 12.711.5. Subject to the Card Scheme Network Rules, we shall not be obliged to investigate or challenge the validity of a Chargeback. We may charge you a any Chargeback Costs for any such investigation or challengeAssessment. You acknowledge and agree that any decision or determination of the relevant Issuer Network, Local Payment Network, Acquirer or Card Scheme Payment Method Provider as to the validity and extent of any Chargeback and/or Assessment shall be final and binding. 12.811.6. 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 any termination of this Agreement these Terms for whatever reason, we shall continue remain, without prejudice to be Clause 6, entitled to recover Chargebacks and Chargeback Costs from you (and and, where relevant relevant, from any Person who has provided us with a Guarantee guarantee or security relating to your obligations under this Agreementthese Terms) in relation to respect of all Chargebacks that occur in relation to Sales Transactions acquired effected during the term of this Agreement. You will not resubmit or reprocess any Sales Transaction that has been the subject of a Chargebackthese Terms. 12.9. You shall not be liable for any Chargebacks or Chargeback Costs to the extent that they are caused by our breach of our obligations under this Agreement. 12.1011.7. If you wish to dispute a ChargebackChargeback or Assessment, you will do so in accordance with the applicable procedure set out in the Operating Guide and Card Scheme Network Rules. In the case of a disputed ChargebackChargeback or Assessment, you must provide us within any specified timeframe with the evidence required by us, the Issuer Network, Local Payment Network, Acquirer or Card SchemePayment Method Provider.

Chargebacks. 12.111.1. You shall be fully liable agree that each Chargeback and each Assessment represents a debt immediately due and payable by you to Elavon us. 11.2. You acknowledge and agree that you are required to reimburse us for Chargebacks in circumstances where you have accepted payment in respect of 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 relevant Transaction, even where (a) all the requirements of Transactions set out in this Agreement have been complied with, and/or (b) if 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 To the extent permitted by the LawsApplicable Law, we shall notify you as soon as reasonably practicable of any applicable Chargebacks and Chargeback Costs which have occurred or been incurred. 12.511.3. Where section 12.2 appliesAny Chargebacks for which you are required to reimburse us shall correspond to the whole or part of the Transaction Value in the currency of the original Transaction. Unless you have an account with us in the currency in which the Chargeback is charged, the Chargeback amount may be converted to the Settlement Currency from the currency of Chargeback at the exchange rate quoted to us or as we will be under no obligation to deal with the Cardholder ourselves or to try to obtain payment from them or the Issuerotherwise determine. 12.611.4. In the event that you wish to dispute a Chargeback, it is your responsibility responsibility: (a) to (i) prove to our reasonable satisfaction (which shall, subject to clause 12.7 Clause 11.5 and with without limitation, be conditional upon the relevant Issuer Network, Local Payment Network, Acquirer or Card SchemePayment Method Provider, as the case may be, confirming it is satisfied) that the debit of the CardholderBuyer’s account was authorised by such CardholderBuyer; and and (iib) (additionally) to provide us with such other evidence as we or any additional evidence that we (Network, Local Payment Network, Acquirer or the relevant Issuer or Card Scheme) Payment Method Provider may require you to provide in support of your claim. The evidence required to be provided will depend on, among other things, the nature of the Chargeback, and may vary accordingly. 12.711.5. Subject to the Card Scheme Network Rules, we shall not be obliged to investigate or challenge the validity of a Chargeback. We may charge you a any Chargeback Costs for any such investigation or challengeAssessment. You acknowledge and agree that any decision or determination of the relevant Issuer Network, Local Payment Network, Acquirer or Card Scheme Payment Method Provider as to the validity and extent of any Chargeback and/or Assessment shall be final and binding. 12.811.6. 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 any termination of this Agreement these Terms for whatever reason, we shall continue remain, without prejudice to be Clause 6, entitled to recover Chargebacks and Chargeback Costs from you (and and, where relevant relevant, from any Person who has provided us with a Guarantee guarantee or security relating to your obligations under this Agreementthese Terms) in relation to respect of all Chargebacks that occur in relation to Sales Transactions acquired effected during the term of this Agreement. You will not resubmit or reprocess any Sales Transaction that has been the subject of a Chargebackthese Terms. 12.9. You shall not be liable for any Chargebacks or Chargeback Costs to the extent that they are caused by our breach of our obligations under this Agreement. 12.1011.7. If you wish to dispute a ChargebackChargeback or Assessment, you will do so in accordance with the applicable procedure set out in the Operating Guide and Card Scheme Network Rules. In the case of a disputed ChargebackChargeback or Assessment, you must provide us within any specified timeframe with the evidence required by us, Network, Local Payment Network, Acquirer or Payment Method Provider. 11.8. We will apply a Chargeback Fee as set forth in the Issuer Fee Schedule to any Chargeback. 11.9. We may suspend all or Card Schemepart of the Services if the ratio of Chargebacks to Transactions is excessive or we otherwise consider, in our sole and absolute discretion, that the total volume or value of Chargebacks is excessive.