Common use of Account Monitoring Clause in Contracts

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 Service Provider may not deposit total Sales Draft dollar volume in excess of the implicitly approved monthly volume, and that Merchant may be subject to a 5% fee on all funds processed over the approved monthly volume limit. Merchant agrees that Service Provider may, at its sole discretion, suspend Merchant’s 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 $25.00 for each release of funds suspended by Service Provider. Service Provider shall have no liability for any losses, direct or indirect, which Merchant may attribute to any suspension of funds disbursement. (b) In the event of suspension of Transaction deposits by Service Provider, Merchant agrees to a Security Processing Fee not to exceed 110% of the Transaction 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 type of business is deemed a compliance risk to Service Provider, Service Provider may enroll Merchant in third-party risk monitoring service (“Monitoring Service”) at the sole expense of Merchant. Merchant will either be 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 Service Provider, may be cause for termination of this Agreement.

Appears in 1 contract

Samples: Merchant Processing Agreement

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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 Xxxxxxxx agrees to provide documentation as set forth by Service Provider if so required. Merchant Xxxxxxxx agrees that Service Provider may not deposit total Sales Draft dollar volume in excess of the implicitly approved monthly volume, and that Merchant may be subject to a 5% fee on all funds processed over the approved monthly volume limit. Merchant Xxxxxxxx agrees that Service Provider may, at its sole discretion, suspend Merchant’s T ransaction Transaction deposits for any reasonable period of time required to investigate suspicious or unusual T ransaction Transaction activity. Service Provider shall make a good faith effort to notify Merchant immediately. Merchant Xxxxxxxx agrees to pay $25.00 the stated fee on the Application for each release of funds suspended by Service Provider. Service Provider shall have no liability for any losses, direct or indirect, which Merchant may attribute to any suspension of funds disbursement. (b) In the event of suspension of Transaction deposits by Service Provider, Merchant Xxxxxxxx agrees to a Security Processing Fee not to exceed 110% of the Transaction 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 type of business is deemed a compliance risk to Service Provider, Service Provider may enroll Merchant in third-party risk monitoring service (“Monitoring Service”) at the sole expense of Merchant. Merchant will either be notified in advance of underwriting approval of enrollment in Monitoring Service and related expenses, or notified no less than 30 thirty (30) days in advance if Merchant has an open merchant account with Service Provider. Refusal of Merchant‘s Merchant’s enrollment in Monitoring Service when mandated by Service Provider, may be cause for termination of this Agreement.

Appears in 1 contract

Samples: Merchant Processing Agreement

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 Service Provider may not deposit total Sales Draft dollar volume in excess of the implicitly approved monthly volume, and that Merchant may be subject to a 5% fee on all funds processed over the approved monthly volume limit. Merchant agrees that Service Provider may, at its sole discretion, suspend Merchant’s T ransaction transaction deposits for any reasonable period of time required to investigate suspicious or unusual T ransaction transaction activity. Service Provider shall make a good faith effort to notify Merchant immediately. Merchant agrees to pay $25.00 for each release of funds suspended by Service Provider. Service Provider shall have no liability for any losses, direct or indirect, which Merchant may attribute to any suspension of funds disbursement.pay (b) In the event of suspension of Transaction transaction deposits by Service Provider, Merchant agrees to a Security Processing Fee not to exceed 110% of the Transaction transaction 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 transaction is suspended, Merchant acknowledges that Feesfees, including security fees, will be assessed by Service Provider. (d) At sole discretion of Service Provider, if Merchant’s type of business is deemed a compliance risk to Service Provider, Service Provider may enroll Merchant in third-party risk monitoring service (“Monitoring Service”) at the sole expense of Merchant. Merchant will either be 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 Service Provider, may be cause for termination of this Agreement.

Appears in 1 contract

Samples: Merchant Processing Agreement

Account Monitoring. (a) Merchant acknowledges that Service Provider RMS will monitor Merchant’s daily deposit activity. The deposit activity must remain consistent to the “approved” monthly volume and average ticket amount implicitly approved or adjusted on the Merchant Application and/or by Service Provider (“Risk Parameters”)RMS. If the Merchant should exceed Risk Parameters“approved” monthly volume, the Merchant agrees to provide acknowledges that additional documentation as set forth by Service Provider if so could be required. Merchant agrees that Service Provider RMS may not deposit total Sales Draft dollar volume in excess of volumes over the implicitly approved monthly volume, and that Merchant may be is subject to a 5% fee on all funds monies processed over the approved monthly volume limitvolume. Merchant agrees that Service Provider RMS may, at within its sole discretion, discretion suspend the disbursement of Merchant’s T ransaction deposits funds for any reasonable period of time required to investigate suspicious or unusual T ransaction deposit activity. Service Provider shall RMS will make a good faith effort efforts to notify Merchant immediately. Merchant agrees to pay $25.00 for each release of funds suspended by Service Providerfunds. Service Provider RMS shall have no liability for any losses, either direct or indirect, which Merchant may attribute to any suspension of funds disbursement. RMS is solely responsible for providing settlement funds to the Merchant. (b) In the event of suspension of Transaction deposits by Service Provider, unusual Transactions that have been “suspended.” Merchant agrees to that a Security Processing Fee security processing fee not to exceed 110% of the Transaction activity unusual Transaction(s) may be assessed. (c) If a batch is suspended by Service ProviderRMS, Merchant acknowledges that the consumer’s product or service must be delivered just as if the Merchant merchant has been paid. Further, if a batch or a Transaction transaction is suspended, Merchant acknowledges that Fees, fees will be associated including security fees, will be assessed by Service Provider. (d) At sole discretion of Service Provider, if Merchant’s type presentation to RMS of business is deemed Excessive Activity will be a compliance risk to Service Provider, Service Provider may enroll Merchant in third-party risk monitoring service (“Monitoring Service”) at breach of the sole expense of Merchant. Merchant will either be notified in advance of underwriting approval of enrollment in Monitoring Service Agreement 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 Service Provider, may be a cause for immediate termination of this Agreement. "Excessive Activity" means, during any monthly period and for any one of Merchant’s terminal identification numbers or merchant identification numbers, Chargebacks and/or retrieval requests in excess of 1% of the average monthly dollar amount of Transactions or returns in excess of 3% of the average monthly dollar amount of Transactions. Merchant authorizes, upon the occurrence of Excessive Activity, RMS to take additional actions as deemed necessary, including, but not limited to, suspension of processing privileges or creation or maintenance of a Reserve Account in accordance with this Agreement.

Appears in 1 contract

Samples: Merchant Agreement

Account Monitoring. (a) Merchant acknowledges that Service Provider 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 Service Provider Bank (“Risk Parameters”). If Merchant should exceed Risk Parameters, Merchant Xxxxxxxx agrees to provide documentation as set forth by Service Provider Bank if so required. Merchant Xxxxxxxx agrees that Service Provider Bank may not deposit total Sales Draft dollar volume in excess of the implicitly approved monthly volume, and that Merchant may be subject to a 5% fee on all funds processed over the approved monthly volume limit. Merchant Xxxxxxxx agrees that Service Provider Bank may, at its sole discretion, suspend MerchantXxxxxxxx’s T ransaction transaction deposits for any reasonable period of time required to investigate suspicious or unusual T ransaction transaction activity. Service Provider Bank shall make a good faith effort to notify Merchant immediately. Merchant Xxxxxxxx agrees to pay $25.00 for each release of funds suspended by Service Provider. Service Provider shall have no liability for any losses, direct or indirect, which Merchant may attribute to any suspension of funds disbursement.pay (b) In the event of suspension of Transaction transaction deposits by Service ProviderBank, Merchant Xxxxxxxx agrees to a Security Processing Fee not to exceed 110% of the Transaction transaction activity may be assessed. (c) If a batch is suspended by Service ProviderBank, 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 transaction is suspended, Merchant acknowledges that Feesfees, including security fees, will be assessed by Service ProviderBank. (d) At sole discretion of Service ProviderBank, if Merchant’s type of business is deemed a compliance risk to Service ProviderBank, Service Provider Bank may enroll Merchant in third-party risk monitoring service (“Monitoring Service”) at the sole expense of Merchant. Merchant will either be 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 ProviderBank. Refusal of Merchant‘s enrollment in Monitoring Service when mandated by Service ProviderBank, may be cause for termination of this Agreement.

Appears in 1 contract

Samples: Merchant Processing Agreement

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Account Monitoring. (a) Merchant acknowledges that Service Provider IMS and/or Bank will monitor Merchant’s daily deposit activity. The deposit activity must remain consistent to the “approved” monthly volume and average ticket amount implicitly approved or adjusted on the Merchant Application and/or by Service Provider (“Risk Parameters”)IMS. If IMS may require additional documentation if the Merchant should exceed Risk Parameters, Merchant agrees to provide documentation as set forth by Service Provider if so required“approved” monthly volume. Merchant Xxxxxxxx agrees that Service Provider IMS may not deposit total Sales Draft dollar volume in excess of process volumes over the implicitly approved monthly volume, and that Merchant may be is subject to a 5% fee on all funds monies processed over the approved monthly volume limitvolume. Merchant Xxxxxxxx agrees that Service Provider IMS may, at within its sole discretion, discretion suspend Merchantthe disbursement of Xxxxxxxx’s T ransaction deposits funds for any reasonable period of time required to investigate suspicious or unusual T ransaction deposit activity. Service Provider shall IMS and/or Bank will make a good faith effort efforts to notify Merchant immediatelyas promptly as is commercially reasonable. Merchant agrees to pay $25.00 for each release of funds suspended by Service Provider. Service Provider IMS and/or Bank shall have no liability for any losses, either direct or indirect, which Merchant may attribute to any suspension of funds disbursement. (b) In the event of suspension of Transaction deposits by Service Providerunusual Transactions that have been “suspended”, Merchant Xxxxxxxx agrees to that a Security Processing Fee not to exceed 110% of the Transaction activity may be assessed.security (c) If a batch is suspended by Service ProviderIMS, 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 transaction is suspended, Merchant acknowledges that Fees, fees associated with the transactions will be charged including security fees, will be assessed by Service Provider. (d) At sole discretion Xxxxxxxx’s presentation to IMS of Service Provider, if Merchant’s type Excessive Activity will be a breach of business is deemed the Agreement and a compliance risk to Service Provider, Service Provider may enroll Merchant in third-party risk monitoring service (“Monitoring Service”) at the sole expense of Merchant. Merchant will either be 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 Service Provider, may be cause for immediate termination of this Agreement. "Excessive Activity" means, during any monthly period and for any one of Merchant’s terminal identification numbers or merchant identification numbers, Chargebacks and/or retrieval requests in excess of 1% of the average monthly dollar amount of Transactions or returns in excess of 3% of the average monthly dollar amount of Transactions. Merchant authorizes, upon the occurrence of Excessive Activity, IMS and/or Bank to take additional actions as either of them may deem necessary, including, but not limited to, suspension of processing privileges or creation or maintenance of a Reserve Account in accordance with this Agreement.

Appears in 1 contract

Samples: Merchant Agreement

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 Xxxxxxxx agrees to provide documentation as set forth by Service Provider if so required. Merchant Xxxxxxxx agrees that Service Provider may not deposit total Sales Draft dollar volume in excess of the implicitly approved monthly volume, and that Merchant may be subject to a 5% fee on all funds processed over the approved monthly volume limit. Merchant Xxxxxxxx agrees that Service Provider may, at its sole discretion, suspend Merchant’s T ransaction Transaction deposits for any reasonable period of time required to investigate suspicious or unusual T ransaction Transaction activity. Service Provider shall make a good faith effort to notify Merchant immediately. Merchant Xxxxxxxx agrees to pay $25.00 for each release of funds suspended by Service Provider. Service Provider shall have no liability for any losses, direct or indirect, which Merchant may attribute to any suspension of funds disbursement. (b) In the event of suspension of Transaction deposits by Service Provider, Merchant Xxxxxxxx agrees to a Security Processing Fee not to exceed 110% of the Transaction 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 type of business is deemed a compliance risk to Service Provider, Service Provider may enroll Merchant in third-party risk monitoring service (“Monitoring Service”) at the sole expense of Merchant. Merchant will either be notified in advance of underwriting approval of enrollment in Monitoring Service and related expenses, or notified no less than 30 thirty (30) days in advance if Merchant has an open merchant account with Service Provider. Refusal of Merchant‘s Merchant’s enrollment in Monitoring Service when mandated by Service Provider, may be cause for termination of this Agreement.

Appears in 1 contract

Samples: Merchant Processing Agreement

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