Common use of Disputes and Chargebacks Clause in Contracts

Disputes and Chargebacks. We hereby further warrant to you that the customer in each instance has received and will accept the merchandise sold or the services rendered and the b▇▇▇ or invoice therefor, and will pay the same as and when due without any Dispute. We will notify you promptly of, and, at our own cost and expense, including attorneys' fees and expenses, shall settle all Disputes and will pay you promptly the amount of the Receivables affected thereby for which you have paid us. Any Dispute not settled by us by the sixtieth (60th) day next following the due date of the b▇▇▇ or invoice affected thereby may, if you so elect, be settled, compromised, adjusted or litigated by you directly with the customer or other complainant for us and at our risk and upon such terms and conditions as you in your sole discretion deem advisable. You may also in your discretion take possession of and sell or cause the sale of any returned or recovered merchandise, at such prices, upon such terms and to such purchasers as you deem proper (including, in the event of any public sale, yourself) and in any event to charge the deficiency costs and expenses thereof, including attorneys' fees and expenses, to us. In addition to all other rights to which you are entitled hereunder, whenever there is any Dispute, or if any Receivable not approved in accordance with Section IB is unpaid on its due date for which you have paid us, you may charge the amount of the Receivable so affected or unpaid to us at any time. In addition, you shall also be entitled to charge to us the amounts you receive in payment of any Receivable not approved in accordance with Section IB and which thereafter you are required to turn over or return to a Client or a customer or any legal representative thereof. The provisions of the foregoing sentence shall survive the termination of this Agreement, and we hereby indemnify you and hold you harmless from any loss or expense arising out of the assertion of such a claim with respect to any Receivable not approved in accordance with Section IB, including attorneys' fees and expenses, and the amount of such loss or expense may be charged to us. You will automatically charge back to us deductions taken by customers. Any chargeback of a Receivable shall not be deemed nor shall it constitute a reassignment to us of the Receivable affected thereby, and title thereto and to the merchandise represented thereby shall remain in you until you are fully reimbursed. Regardless of the date or dates upon which you charge back the amount of any Receivable with respect to which there is any Dispute, or the amount owing from a customer which has raised any Dispute, we agree that immediately upon the occurrence of any such Dispute, any obligation you may otherwise have had hereunder to bear the risk of loss with respect to such Receivable shall cease and such obligation shall be deemed to have reverted to, and to have been assumed by, us without any act upon your part to effect the same.

Disputes and Chargebacks. WishTender takes extra care to ensure that disputes are not levied against the business. In this effort, WishTender has enacted the highest level of security for credit card processing, which has made disputes rare on our platform, however, it's impossible to prevent all disputes. We hereby further warrant are committed to working with our users (wishers) to fight wrongful disputes, however, in the case of a lost dispute, WishTender reserves the right to debit the wishlist owner some or all of the amount of the cost of the lost dispute. If you believe that you have been erroneously billed, please notify our third-party billing agent (Stripe) immediately of such error. If you do not do so within thirty (30) days after such billing error first appears on any account statement, the customer fee in each instance has received question will be deemed acceptable by you for all purposes, including resolution of inquiries made by or on behalf of your banking institution. You release us from all liabilities and claims of loss resulting from any error or discrepancy that i s not reported within thirty (30) days of the bill being rendered to you. There terms shall supplement and be in addition to any terms required by third party billing entities w e engage to provide billing services. You are responsible for review and compliance with such entity's terms in addition to those contained in this Agreement. After funding a gift, ▇▇▇▇▇▇▇ will accept receive a Thank You note either from the merchandise sold or the services rendered and the b▇▇▇▇▇▇ or invoice therefor, and will pay the same as and when due without any Dispute. We will notify you promptly of, and, at our own cost and expense, including attorneys' fees and expenses, shall settle all Disputes and will pay you promptly the amount from WishTender on behalf of the Receivables affected thereby for which you have paid us. Any Dispute not settled by us by the sixtieth (60th) day next following the due date of the b▇▇▇▇▇▇ or invoice affected thereby mayfrom WishTender. “Thank You” note refers to any video, image, or text message displayed to the Tender after purchase. The Thank You note will either display after checking out on WishTender or in an email receipt or in an email or in a page on WishTender or elsewhere. The Thank You note may be automated by WishTender on behalf of the ▇▇▇▇▇▇, automated by the ▇▇▇▇▇▇ themselves, or manually created by the ▇▇▇▇▇▇ and sent to the Tender through WishTender. If Tenders don’t provide a valid email address we cannot guarantee Thank You note delivery. Likewise, if there are any issues with email delivery we cannot be held responsible as email issues involve third parties, such as the Tenders email provider. We can not guarantee the delivery of the Thank You note if the Tender exits WishTender before the note is displayed. Thank you so electnotes have no minimum length or required sentiment or text. WishTender may at any time freeze your account if we believe that you are violating our Terms of Service. Such violations include, be settledbut are not limited to, compromisedusing content without permission, adjusted listing prohibited items, harassing other users or litigated by you directly with WishTender employees, misrepresenting yourself, attempting to commit fraud, money laundering or card testing. WishTender reserves the customer right to initiate our verification process, which, if not met to our complete satisfaction, may result in permanent account suspension. Verification may include, but is not limited to, requesting images of your government issued ID, as well as other additional information. WishTender reserves the right to suspend any payouts of funds to the User until the account verification process has been completed. Should the User not complete the verification process to WishTender's satisfaction, WishTender may suspend the account indefinitely. WishTender will make multiple verification requests to a User before determining, based on non- response, or other complainant for us and at our risk and upon such terms and conditions as you in your sole discretion deem advisableevidence, that an account has been abandoned by the user. You may also in your discretion take possession of and sell or cause the sale of any returned or recovered merchandise, at such prices, upon such terms and Should WishTender determine that an account is considered to such purchasers as you deem proper (including, in the event of any public sale, yourself) and in any event to charge the deficiency costs and expenses thereof, including attorneys' fees and expenses, to us. In addition to all other rights to which you are entitled hereunder, whenever there is any Dispute, or if any Receivable not approved in accordance with Section IB is unpaid on its due date for which you have paid us, you may charge the amount of the Receivable so affected or unpaid to us at any time. In addition, you shall also be entitled to charge to us the amounts you receive in payment of any Receivable not approved in accordance with Section IB and which thereafter you are required to turn over or return to a Client or a customer or any legal representative thereof. The provisions of the foregoing sentence shall survive the termination of this Agreement, and we hereby indemnify you and hold you harmless from any loss or expense arising out of the assertion of such a claim with respect to any Receivable not approved in accordance with Section IB, including attorneys' fees and expenses, abandoned and the amount of such loss or expense may User still has funds remaining to be charged to us. You paid out, WishTender will automatically charge back to us deductions taken by customers. Any chargeback of a Receivable shall not be deemed nor shall it constitute a reassignment to us of the Receivable affected thereby, and title thereto and to the merchandise represented thereby shall remain in you until you are fully reimbursed. Regardless of the date or dates upon which you charge back the amount of any Receivable with respect to which there is any Dispute, or the amount owing from a customer which has raised any Dispute, we agree that immediately upon the occurrence of any such Dispute, any obligation you may otherwise have had hereunder to bear the risk of loss with respect to such Receivable shall cease and such obligation shall be deemed to have reverted to, and to have been assumed by, us without any act upon your part to effect the samereverse those funds.

Disputes and Chargebacks. We hereby further warrant to you that the customer in each instance has received and will accept the merchandise sold or the services rendered and the b▇▇▇ bill or invoice therefor, and will pay the same as and when due without any Dispute. We will notify you promptly of, and, at our own cost and expense, including attorneys' fees and expenses, shall settle all Disputes and will pay you promptly the amount of the Receivables affected thereby for which you have paid usthereby. Any Dispute not settled by us by the sixtieth (60th) day next following the due date of the b▇▇▇ bill or invoice affected thereby maythere▇▇ ▇ay, if you so elect, be settled, compromised, adjusted or litigated by you directly with the customer or other complainant for us and at our risk and upon such terms and conditions as you in your sole discretion deem advisable. You may also in your discretion take possession of and sell or cause the sale of any returned or recovered merchandise, at such prices, upon such terms and to such purchasers as you deem proper (including, in the event of any public sale, yourself) and in any event to charge the deficiency costs and expenses thereof, including attorneys' fees and expenses, to us. In addition to all other rights to which you are entitled hereunder, whenever there is any Dispute, or if any Receivable not approved in accordance with Section IB 1B is unpaid on its due date for which you have paid usdate, you may charge the amount of the Receivable so affected or unpaid (as well as all other Receivables due and owing from that customer) to us at any time. In addition, you shall also be entitled to charge to us the amounts you receive in payment of any Receivable not approved in accordance with Section IB 1B and which thereafter you are required to turn over or return to a Client or a the customer or any legal representative thereof. The provisions of the foregoing sentence shall survive the termination of this Agreement, and we hereby indemnify you and hold you harmless from any loss or expense arising out of the assertion of such a claim with respect to any Receivable not approved in accordance with Section IB1B, including attorneys' fees and expenses, and the amount of such loss or expense may be charged to us. You will automatically charge back to us our account deductions taken by customers. In addition, as further consideration for your entering into this Agreement we waive any right to any payments received by you from or on behalf of our customers which neither you nor we can identify to any Receivable. Any chargeback of a Receivable shall not be deemed nor shall it constitute a reassignment to us of the Receivable affected thereby, and title thereto and to the merchandise represented thereby shall remain in you until you are fully reimbursed. Regardless of the date or dates upon which you charge back the amount of any Receivable with respect to which there is any Dispute, or the amount owing from a customer which has raised any Dispute, we agree that immediately upon the occurrence of any such Dispute, any obligation you may otherwise have had hereunder to bear the risk of loss with respect to such Receivable shall cease and such obligation shall be deemed to have reverted to, and to have been assumed by, us without any act upon your part to effect the same.

Disputes and Chargebacks. We hereby further warrant to you that the customer in each instance has received and will accept the merchandise sold or the services rendered and the b▇▇▇ bill or invoice therefor, and will pay the same as and ▇▇▇ when due without any Dispute. We will notify you promptly of, and, at our own cost and expense, including attorneys' fees and expenses, shall settle all Disputes and will pay you promptly the amount of the Receivables affected thereby for which you have paid usthereby. Any Dispute not settled by us by the sixtieth (60th) day next following the due date maturity of the b▇▇▇ bill or invoice affected thereby may, if you so electel▇▇▇, be settled, compromised, adjusted or litigated by you directly with the customer or other complainant for us our account and at our risk and upon such terms and conditions as you in your sole discretion deem advisable. You may also in your discretion take possession of and sell or cause the sale of any returned or recovered merchandise, at such prices, upon such terms and to such purchasers as you deem proper (including, in the event of any public sale, yourself) and in any event to charge the deficiency costs and expenses thereof, including attorneys' fees and expenses, to us. In addition to all other rights to which you are entitled hereunder, whenever there is any Dispute, or if any unapproved Receivable not or approved Receivable of a customer having other approved Receivables then in accordance with Section IB Dispute is unpaid on at its due date for which you have paid usmaturity, you may charge the amount of the Receivable so affected or unpaid to us at any time. In addition, you shall also be entitled to charge to us our account the amounts you receive in payment of any unapproved Receivable not approved in accordance with Section IB and which thereafter you are required to turn over or return to a Client or a the customer or any legal representative thereof. The provisions of the foregoing sentence shall survive the termination of this Agreement, and we hereby indemnify you and hold you harmless from any loss or expense arising out of the assertion of such a claim with respect to any Receivable not approved in accordance with Section IBsuch unapproved Receivable, including attorneys' fees and expenses, and the amount of such loss or expense may be charged to us. You will automatically may charge back to us deductions our account any deduction taken by customerscustomer with respect to a Receivable sixty days after receipt of payment with respect to such Receivable. In addition, as further consideration for your entering into this Agreement, we waive any right to any payments received by you from or on behalf of our customers which neither you nor we can identify to any Receivable. Any chargeback of a Receivable shall not be deemed nor shall it constitute a reassignment to us of the Receivable affected thereby, and title thereto and to the merchandise represented thereby shall remain in you until you are fully reimbursed. Regardless of the date or dates upon which you charge back the amount of any Receivable with respect to which there is any Dispute, or the amount owing from a customer which has raised any Dispute, we agree that immediately upon the occurrence of any such Dispute, any obligation you may otherwise have had hereunder to bear the risk of loss with respect to such Receivable shall cease and such obligation shall be deemed to have reverted to, and to have been assumed by, us without any act upon your part to effect the same.

Disputes and Chargebacks. WishTender takes extra care to ensure that disputes are not levied against the business. In this effort, WishTender has enacted the highest level of security for credit card processing, which has made disputes rare on our platform, however, it's impossible to prevent all disputes. We hereby further warrant are committed to working with our users (wishers) to fight wrongful disputes, however, in the case of a lost dispute, WishTender reserves the right to debit the wishlist owner some or all of the amount of the cost of the lost dispute. If you believe that you have been erroneously billed, please notify our third-party billing agent (Stripe) immediately of such error. If you do not do so within thirty (30) days after such billing error first appears on any account statement, the customer fee in each instance has received question will be deemed acceptable by you for all purposes, including resolution of inquiries made by or on behalf of your banking institution. You release us from all liabilities and claims of loss resulting from any error or discrepancy that i s not reported within thirty (30) days of the bill being rendered to you. There terms shall supplement and be in addition to any terms required by third party billing entities w e engage to provide billing services. You are responsible for review and compliance with such entity's terms in addition to those contained in this Agreement. After funding a gift, Tenders will accept receive a Thank You note either from the merchandise sold or the services rendered and the b▇▇▇▇▇▇ or invoice therefor, and will pay the same as and when due without any Dispute. We will notify you promptly of, and, at our own cost and expense, including attorneys' fees and expenses, shall settle all Disputes and will pay you promptly the amount from WishTender on behalf of the Receivables affected thereby for which you have paid us. Any Dispute not settled by us by the sixtieth (60th) day next following the due date of the b▇▇▇▇▇▇ or invoice affected thereby mayfrom WishTender. “Thank You” note refers to any video, image, or text message displayed to the Tender after purchase. The Thank You note will either display after checking out on WishTender or in an email receipt or in an email or in a page on WishTender or elsewhere. The Thank You note may be automated by WishTender on behalf of the ▇▇▇▇▇▇, automated by the ▇▇▇▇▇▇ themselves, or manually created by the ▇▇▇▇▇▇ and sent to the Tender through WishTender. If Tenders don’t provide a valid email address we cannot guarantee Thank You note delivery. Likewise, if there are any issues with email delivery we cannot be held responsible as email issues involve third parties, such as the Tenders email provider. We can not guarantee the delivery of the Thank You note if the Tender exits WishTender before the note is displayed. Thank you so electnotes have no minimum length or required sentiment or text. WishTender may at any time freeze your account if we believe that you are violating our Terms of Service. Such violations include, be settledbut are not limited to, compromisedusing content without permission, adjusted listing prohibited items, harassing other users or litigated by you directly with WishTender employees, misrepresenting yourself, attempting to commit fraud, money laundering or card testing. WishTender reserves the customer right to initiate our verification process, which, if not met to our complete satisfaction, may result in permanent account suspension. Verification may include, but is not limited to, requesting images of your government issued ID, as well as other additional information. WishTender reserves the right to suspend any payouts of funds to the User until the account verification process has been completed. Should the User not complete the verification process to WishTender's satisfaction, WishTender may suspend the account indefinitely. WishTender will make multiple verification requests to a User before determining, based on non- response, or other complainant for us and at our risk and upon such terms and conditions as you in your sole discretion deem advisableevidence, that an account has been abandoned by the user. You may also in your discretion take possession of and sell or cause the sale of any returned or recovered merchandise, at such prices, upon such terms and Should WishTender determine that an account is considered to such purchasers as you deem proper (including, in the event of any public sale, yourself) and in any event to charge the deficiency costs and expenses thereof, including attorneys' fees and expenses, to us. In addition to all other rights to which you are entitled hereunder, whenever there is any Dispute, or if any Receivable not approved in accordance with Section IB is unpaid on its due date for which you have paid us, you may charge the amount of the Receivable so affected or unpaid to us at any time. In addition, you shall also be entitled to charge to us the amounts you receive in payment of any Receivable not approved in accordance with Section IB and which thereafter you are required to turn over or return to a Client or a customer or any legal representative thereof. The provisions of the foregoing sentence shall survive the termination of this Agreement, and we hereby indemnify you and hold you harmless from any loss or expense arising out of the assertion of such a claim with respect to any Receivable not approved in accordance with Section IB, including attorneys' fees and expenses, abandoned and the amount of such loss or expense may User still has funds remaining to be charged to us. You paid out, WishTender will automatically charge back to us deductions taken by customers. Any chargeback of a Receivable shall not be deemed nor shall it constitute a reassignment to us of the Receivable affected thereby, and title thereto and to the merchandise represented thereby shall remain in you until you are fully reimbursed. Regardless of the date or dates upon which you charge back the amount of any Receivable with respect to which there is any Dispute, or the amount owing from a customer which has raised any Dispute, we agree that immediately upon the occurrence of any such Dispute, any obligation you may otherwise have had hereunder to bear the risk of loss with respect to such Receivable shall cease and such obligation shall be deemed to have reverted to, and to have been assumed by, us without any act upon your part to effect the samereverse those funds.