Fees and Fines. a. You agree to pay all fees, including, but not limited to processing fees and monthly service fees as specified during the application process, the account information page accessed through the Helcim Dashboard, and in accordance with this Agreement and any other agreement between you and Helcim. You also agree to pay Helcim the amount of any fees, charges, or penalties assessed against Helcim, as applicable, by any Association, Issuer, Acquirer, bank. or any other third-party provider of financial services (each a "Financial Services Provider"). b. Notwithstanding any other provision of this Agreement, you shall be responsible for all amounts imposed or assessed to you, Helcim, or a Financial Services Provider in connection with this Agreement (including the Operating Rules, as defined below) by third parties such as, but not limited to, Acquirer, Associations and third-party service providers (including telecommunication companies) to the extent that such amounts are not the direct result of the gross negligence or willful misconduct of Helcim or the Financial Services Provider, as applicable. Such amounts include, but are not limited to, fees, fines, assessments, penalties, loss allocations etc. Any changes or increases in such amounts shall automatically become effective upon notice to you. In the event that Acquirer assesses Helcim with the cost of funds associated with a circumstance where Acquirer, for whatever reason, advances settlement or any amounts and/or delays the assessment of any fees, you shall be fully responsible for any portion of such assessment that is attributable to the Services provided to you. c. Should ▇▇▇▇▇▇ take any action against you to collect sums due hereunder, you agree to pay all costs associated with such collection efforts, including but not limited to reasonable attorney's fees.
Appears in 2 contracts
Sources: Terms of Service, Terms of Service
Fees and Fines. a. 1. You agree to pay all fees, including, but not limited to processing fees and monthly service fees as specified during the application process, the account information page accessed through the Helcim Dashboard, and in accordance with this Agreement and any other agreement between you and Helcim. You also agree to pay Helcim ▇▇▇▇▇▇ the amount of any fees, charges, or penalties assessed against Helcim, as applicable, by any Association, Issuer, Acquirer, bank. or any other third-party provider of financial services (each a "Financial Services Provider").
b. 2. Notwithstanding any other provision of this Agreement, you shall be responsible for all amounts imposed or assessed to you, Helcim, or a Financial Services Provider in connection with this Agreement (including the Operating Rules, as defined below) by third parties such as, but not limited to, Acquirer, Associations and third-party service providers (including telecommunication companies) to the extent that such amounts are not the direct result of the gross negligence or willful misconduct of Helcim or the Financial Services Provider, as applicable. Such amounts include, but are not limited to, fees, fines, assessments, penalties, loss allocations etc. Any changes or increases in such amounts shall automatically become effective upon notice to you. In the event that Acquirer assesses Helcim with the cost of funds associated with a circumstance where Acquirer, for whatever reason, advances settlement or any amounts and/or delays the assessment of any fees, you shall be fully responsible for any portion of such assessment that is attributable to the Services provided to you.
c. 3. Should ▇▇▇▇▇▇ take any action against you to collect sums due hereunder, you agree to pay all costs associated with such collection efforts, including but not limited to reasonable attorney's fees.
Appears in 1 contract
Sources: Terms of Service