Common use of Your Liabilities Clause in Contracts

Your Liabilities. All Reversals, Chargebacks, Fines, Fees, Penalties and any other liabilities relating to your use of the Service and your breach of this Agreement are your responsibility. You are responsible for any illegal or fraudulent transactions related to your business, and for selecting and implementing security controls that are appropriate for your business. You agree to reimburse your Consumers, 2000Charge and any other related person or entity for any such liabilities. You understand that we do not establish or control the amounts charged for any Reversals passed on by Third Party Providers and that the amount of any Reversal is subject to the final outcome as determined by the Third Party Providers. We may collect any funds you owe us under this Agreement to the extent permitted by law and by subtracting the amount you owe us from your Reserve or from your Settlement funds. Fees will be assessed at the time a transaction is processed and will be first deducted from the funds received for such transactions. If the Settlement funds or Reserve are not sufficient to meet your obligations to us, we may charge or debit the Settlement Account or credit card which is registered in your 2000Charge Account for any amounts owed to us. We will consider it a breach of this Agreement if you fail to fully pay on demand the amounts that you owe us. You will be liable for our costs associated with the collection in addition to the amount owed, including without limitation attorney fees and expenses, costs of any arbitration or court proceeding, collection agency fees, and any applicable interest. Your website must contain all of the following information to be accepted and compliant with our standards use the Service: • complete description of the goods or services offered • merchandise refund policy • Consumer service contact, including electronic e-mail address and/or telephone number • transaction currency • export or legal restrictions • delivery policy • privacy policy • terms of use. Please note that if you provide the services or sell goods to individuals in the European Union you guarantee your Privacy Policy and the manner in which you protect your Consumers’ personal data are fully General Data Protection Regulation (GDPR) compliant in order to be accepted to use the Service. In addition, you shall make visible to your Consumers that you choose 2000Charge as your payment service provider as well as 2000Charge contact details in case your Consumers would like to exercise their rights under GDPR towards 2000Charge. You agree to make digital purchases available, and or ship physical goods to the Consumer immediately after the transaction status is determined to be “Funded” (not after the Settlement funds have been transferred to your Settlement Account) unless other delivery arrangements have been made or the transaction was declined. If there will be additional delays after the transaction was processed (e.g., out of stock), you must notify the Consumer at the time of the transaction takes place. All Refunds to your Consumers must be for the exact full amount of the original transaction including tax and handling charges, if applicable. To process the Refunds, 2000Charge will deduct the refund amount (including any applicable fees) from (i) Settlement funds owed to you from the processing of other transactions, or (ii) funds in your Reserve. If these funds are not sufficient, you authorize 2000Charge to debit your Settlement Account in the amount necessary to complete the refund transaction to the Consumer’s account. If we cannot access your Settlement Account by debit, you agree to pay all funds owed to 2000Charge upon demand. It is your responsibility to accept and process returns of your products and services; we have no responsibility or obligation to process such returns.