Common use of Account Monitoring Clause in Contracts

Account Monitoring. Merchant agrees that Clearent or Bank may upon reasonable grounds, divert the disbursement of Merchant’s funds to the Reserve Account and/or temporarily suspend processing under this Merchant Agreement and/or terminate this Merchant Agreement, and Clearent shall provide Merchant with notice of such action. Reasonable grounds shall include, but not be limited to, the following: suspicious or unusual Transaction activity; material variance in the nature of Merchant’s business, type of product and/or service sold, average ticket size, monthly volume or swiped/keyed percentages, from such disclosures made by Merchant in this Merchant Agreement; Merchant does not authorize Transactions; receives excessive retrieval requests against Merchant’s prior activity; or excessive ACH rejects or Chargebacks are debited against Merchant’s prior activity. If Merchant’s funds are diverted by Clearent or Clearent has temporarily suspended processing under this Merchant Agreement, such diversion or suspension shall be for any reasonable period of time required by Clearent to fully investigate Merchant’s account activity and resolve, to Clearent’s sole satisfaction, the subject questionable, suspect or fraudulent Transactions or activity of Merchant. Any funds diverted shall be maintained by Bank in a non-interest bearing account at Bank. Bank and Clearent shall have no liability for any losses, either direct or indirect, which Merchant may attribute to any diversion of funds, suspension of processing or termination of this Merchant Agreement by Clearent pursuant to this Section. Clearent will assess all fees and expenses incurred in relation to its investigation of suspicious or unusual Transaction activity, which includes activity that deviates from this Merchant Agreement.

Account Monitoring. Merchant Xxxxxxxx agrees that Clearent or Bank may upon reasonable grounds, divert the disbursement of Merchant’s funds to the Reserve Account and/or temporarily suspend processing under this Merchant Agreement and/or terminate this Merchant Agreement, and Clearent shall provide Merchant with notice of such action. Reasonable grounds shall include, but not be limited to, the following: suspicious or unusual Transaction activity; material variance in the nature of Merchant’s business, type of product and/or service sold, average ticket size, monthly volume or swiped/keyed percentages, from such disclosures made by Merchant in this Merchant Agreement; Merchant does not authorize Transactions; receives excessive retrieval requests against Merchant’s prior activity; or excessive ACH rejects or Chargebacks are debited against Merchant’s prior activity. If Merchant’s funds are diverted by Clearent or Clearent has temporarily suspended processing under this Merchant Agreement, such diversion or suspension shall be for any reasonable period of time required by Clearent to fully investigate Merchant’s account activity and resolve, to Clearent’s sole satisfaction, the subject questionable, suspect or fraudulent Transactions or activity of Merchant. Any funds diverted shall be maintained by Bank in a non-interest bearing account at Bank. Bank and Clearent shall have no liability for any losses, either direct or indirect, which Merchant may attribute to any diversion of funds, suspension of processing or termination of this Merchant Agreement by Clearent pursuant to this Sectionsection. Clearent will assess all fees and expenses incurred in relation to its investigation of suspicious or unusual Transaction activity, which includes activity that deviates from this Merchant Agreement, and Merchant shall be responsible for the payment or reimbursement of all such fees and expenses.

Account Monitoring. (a) Merchant acknowledges that Service Provider will monitor Merchant’s daily deposit activity. The deposit activity must remain consistent to the monthly volume and average ticket amount implicitly approved or adjusted by Service Provider (“Risk Parameters”). If Merchant should exceed Risk Parameters, Merchant agrees to provide documentation as set forth by Service Provider if so required. Merchant agrees that Clearent or Bank Service Provider may upon reasonable groundsnot deposit total Sales Draft dollar volume in excess of the implicitly approved monthly volume, divert and that Merchant may be subject to a 5% fee on all funds processed over the disbursement of approved monthly volume limit. Merchant agrees that Service Provider may, at its sole discretion, suspend Merchant’s funds to the Reserve Account and/or temporarily suspend processing under this Merchant Agreement and/or terminate this Merchant Agreement, and Clearent shall provide Merchant with notice of such action. Reasonable grounds shall include, but not be limited to, the following: suspicious or unusual Transaction activity; material variance in the nature of Merchant’s business, type of product and/or service sold, average ticket size, monthly volume or swiped/keyed percentages, from such disclosures made by Merchant in this Merchant Agreement; Merchant does not authorize Transactions; receives excessive retrieval requests against Merchant’s prior activity; or excessive ACH rejects or Chargebacks are debited against Merchant’s prior activity. If Merchant’s funds are diverted by Clearent or Clearent has temporarily suspended processing under this Merchant Agreement, such diversion or suspension shall be T ransaction deposits for any reasonable period of time required to investigate suspicious or unusual T ransaction activity. Service Provider shall make a good faith effort to notify Merchant immediately. Merchant agrees to pay (b) In the event of suspension of Transaction deposits by Clearent Service Provider, Merchant agrees to fully investigate a Security Processing Fee not to exceed 110% of the T ransaction activity may be assessed. (c) If a batch is suspended by Service Provider, Merchant acknowledges that the consumer’s product or service must be delivered just as if the Merchant has been paid. Further, if a batch or a Transaction is suspended, Merchant acknowledges that Fees, including security fees, will be assessed by Service Provider. (d) At sole discretion of Service Provider, if Merchant’s account activity and resolvetype of business is deemed a compliance risk to Service Provider, to Clearent’s Service Provider may enroll Merchant in third-party risk monitoring service (“Monitoring Service”) at the sole satisfaction, the subject questionable, suspect or fraudulent Transactions or activity expense of Merchant. Any funds diverted shall Merchant will either be maintained notified in advance of underwriting approval of enrollment in Monitoring Service and related expenses, or notified no less than 30 days in advance if Merchant has an open merchant account with Service Provider. Refusal of Merchant‘s enrollment in Monitoring Service when mandated by Bank in a non-interest bearing account at Bank. Bank and Clearent shall have no liability Service Provider, may be cause for any losses, either direct or indirect, which Merchant may attribute to any diversion of funds, suspension of processing or termination of this Merchant Agreement by Clearent pursuant to this Section. Clearent will assess all fees and expenses incurred in relation to its investigation of suspicious or unusual Transaction activity, which includes activity that deviates from this Merchant Agreement.

Account Monitoring. Merchant acknowledges that Processor will monitor Merchant’s daily Credit Card Transaction activity. Merchant agrees that Clearent or Bank Processor may upon reasonable grounds, divert the disbursement of Merchant’s funds to the Reserve Account and/or and/ or temporarily suspend processing under this Merchant Agreement and/or terminate this Merchant Agreement, and Clearent Processor shall provide Merchant with notice of such action. Reasonable grounds shall include, but not be limited to, the following: suspicious or unusual Transaction activity; material variance in the nature of Merchant’s business, type of product and/or service sold, average ticket size, monthly volume or swiped/keyed percentages, from such disclosures made by Merchant in this Merchant Agreement; Merchant does not authorize Transactions; receives excessive retrieval requests against Merchant’s prior activity; or excessive ACH rejects or Excessive Chargebacks are debited against Merchant’s prior activity. If the Merchant’s funds are diverted by Clearent Processor or Clearent Processor has temporarily suspended processing under this Merchant Agreement, such diversion or suspension shall be for any reasonable period of time required by Clearent Processor to fully investigate Merchant’s account activity and resolve, to ClearentProcessor’s sole satisfaction, the subject questionable, suspect or fraudulent Transactions or activity of Merchant. Any funds diverted shall be maintained by Bank in a non-interest bearing account at Bank. Bank and Clearent Processor shall have no liability for any losses, either direct or indirect, which Merchant may attribute to any diversion of funds, suspension of processing or termination of this Merchant Agreement by Clearent pursuant to this Section. Clearent will assess all fees and expenses incurred in relation to its investigation of suspicious or unusual Transaction activity, which includes activity that deviates from this Merchant Agreement.of

Account Monitoring. Merchant agrees that Moolah/Clearent or Bank may upon reasonable grounds, divert the disbursement of Merchant’s funds to the Reserve Account and/or temporarily suspend processing under this Merchant Agreement and/or terminate this Merchant Agreement, and Moolah/Clearent shall provide Merchant with notice of such action. Reasonable grounds shall include, but not be limited to, the following: suspicious or unusual Transaction activity; material variance in the nature of Merchant’s business, type of product and/or service sold, average ticket size, monthly volume or swiped/keyed percentages, from such disclosures made by Merchant in this Merchant Agreement; Merchant does not authorize Transactions; receives excessive retrieval requests against Merchant’s prior activity; or excessive ACH rejects or Chargebacks are debited against Merchant’s prior activity. If Merchant’s funds are diverted by Moolah/Clearent or Moolah/Clearent has temporarily suspended processing under this Merchant Agreement, such diversion or suspension shall be for any reasonable period of time required by Moolah/Clearent to fully investigate Merchant’s account activity and resolve, to Moolah/Clearent’s sole satisfaction, the subject questionable, suspect or fraudulent Transactions or activity of Merchant. Any funds diverted shall be maintained by Bank in a non-interest bearing account at Bank. Bank and Moolah/Clearent shall have no liability for any losses, either direct or indirect, which Merchant may attribute to any diversion of funds, suspension of processing or termination of this Merchant Agreement by Moolah/Clearent pursuant to this Section. Moolah/Clearent will assess all fees and expenses incurred in relation to its investigation of suspicious or unusual Transaction activity, which includes activity that deviates from this Merchant Agreement.

Account Monitoring. (a) Merchant acknowledges that Bank will monitor Merchant’s daily deposit activity. The deposit activity must remain consistent to the monthly volume and average ticket amount implicitly approved or adjusted by Bank (“Risk Parameters”). If Merchant should exceed Risk Parameters, Merchant agrees to provide documentation as set forth by Bank if so required. Merchant agrees that Clearent or Bank may upon reasonable groundsnot deposit total Sales Draft dollar volume in excess of the implicitly approved monthly volume, divert and that Merchant may be subject to a 5% fee on all funds processed over the disbursement of approved monthly volume limit. Merchant agrees that Bank may, at its sole discretion, suspend Merchant’s funds to the Reserve Account and/or temporarily suspend processing under this Merchant Agreement and/or terminate this Merchant Agreement, and Clearent shall provide Merchant with notice of such action. Reasonable grounds shall include, but not be limited to, the following: suspicious or unusual Transaction activity; material variance in the nature of Merchant’s business, type of product and/or service sold, average ticket size, monthly volume or swiped/keyed percentages, from such disclosures made by Merchant in this Merchant Agreement; Merchant does not authorize Transactions; receives excessive retrieval requests against Merchant’s prior activity; or excessive ACH rejects or Chargebacks are debited against Merchant’s prior activity. If Merchant’s funds are diverted by Clearent or Clearent has temporarily suspended processing under this Merchant Agreement, such diversion or suspension shall be transaction deposits for any reasonable period of time required to investigate suspicious or unusual transaction activity. Bank shall make a good faith effort to notify Merchant immediately. Merchant agrees to pay (b) In the event of suspension of transaction deposits by Clearent Bank, Merchant agrees to fully investigate a Security Processing Fee not to exceed 110% of the transaction activity may be assessed. (c) If a batch is suspended by Bank, Merchant acknowledges that the consumer’s product or service must be delivered just as if the Merchant has been paid. Further, if a batch or a transaction is suspended, Merchant acknowledges that fees, including security fees, will be assessed by Bank. (d) At sole discretion of Bank, if Merchant’s account activity and resolvetype of business is deemed a compliance risk to Bank, to Clearent’s Bank may enroll Merchant in third-party risk monitoring service (“Monitoring Service”) at the sole satisfaction, the subject questionable, suspect or fraudulent Transactions or activity expense of Merchant. Any funds diverted shall Merchant will either be maintained by Bank notified in a non-interest bearing advance of underwriting approval of enrollment in Monitoring Service and related expenses, or notified no less than 30 days in advance if Merchant has an open merchant account at with Bank. Bank and Clearent shall have no liability Refusal of Merchant‘s enrollment in Monitoring Service when mandated by Bank, may be cause for any losses, either direct or indirect, which Merchant may attribute to any diversion of funds, suspension of processing or termination of this Merchant Agreement by Clearent pursuant to this Section. Clearent will assess all fees and expenses incurred in relation to its investigation of suspicious or unusual Transaction activity, which includes activity that deviates from this Merchant Agreement.

Account Monitoring. Merchant acknowledges that Processor will monitor Merchant’s daily Credit Card Transaction activity. Merchant agrees that Clearent or Bank Processor may upon reasonable grounds, divert the disbursement of Merchant’s funds to the Reserve Account and/or andlor temporarily suspend processing under this Merchant Agreement and/or andlor terminate this Merchant Agreement, and Clearent Processor shall provide Merchant with notice of such action. Reasonable grounds shall include, but not be limited to, the following: suspicious or unusual Transaction activity; material variance in the nature of Merchant’s business, type of product and/or andlor service sold, average ticket size, monthly volume or swiped/keyed swipedlkeyed percentages, from such disclosures made by Merchant in this Merchant Agreement; Merchant does not authorize Transactions; receives excessive retrieval requests against Merchant’s prior activity; or excessive ACH rejects or Excessive Chargebacks are debited against Merchant’s prior activity. If the Merchant’s funds are diverted by Clearent Processor or Clearent Processor has temporarily suspended processing under this Merchant Agreement, such diversion or suspension shall be for any reasonable period of time required by Clearent Processor to fully investigate Merchant’s account activity and resolve, to ClearentProcessor’s sole satisfaction, the subject questionable, suspect or fraudulent Transactions or activity of Merchant. Any funds diverted shall be maintained by Bank in a non-interest bearing account at Bank. Bank and Clearent Processor shall have no liability for any losses, either direct or indirect, which Merchant may attribute to any diversion of funds, suspension of processing or termination of this Merchant Agreement by Clearent Processor pursuant to this Sectionparagraph. Clearent Processor will assess all fees and expenses incurred in relation to its investigation of suspicious or unusual Transaction activity, which includes activity that deviates from this Merchant Agreement. In addition, Processor’s monthly investigation fee for conducting its internal investigation of suspicious activity shall be a monthly amount equal to up to ten percent (10%) of the initial dollar amount being investigated.