Common use of Additional Operating Procedures Clause in Contracts

Additional Operating Procedures. In addition to the procedures, instructions and practices contained in the Operating Procedures, Company agrees that Company will comply with the following procedures: (a) In each Credit Card transaction Company must obtain all the information contained in clause (b) of the definition of Transaction Record. The date which appears on the Charge Slip or Credit Slip will be prima facie evidence of the transaction date, and Company shall be required to transmit all Transaction Records relating to such Charge Slip and/or Credit Slip so that Bank receives such Transaction Records no later than the second Business Day after the transaction date; provided that if, as a result of technical disruptions, any store locations are not polled within a normal period after the occurrence of the underlying Transactions, Company may transmit such information relating to such store locations as soon as reasonably practicable after polling is completed. The "Cardholder Copy" of each Charge Slip shall be delivered to the Cardholder at the time of the transaction if the Cardholder is in the store. (b) All Charge Slips will evidence the total price of the sale minus any cash down payment. Company shall retain the "Merchant Copy" of all Company generated Charge and Credit Slips for each transaction for a period of six (6) months from the date of presentation to Bank or in the case of Deferred Billing Programs, six (6) months from the end of the applicable Deferred Billing Program. (c) Company will maintain a fair policy for the exchange and return of Goods and adjustment for Services rendered and for that purpose will give credit to Accounts upon such exchange, return or adjustment. Company will not make cash refunds to Cardholders on Credit Card Purchases. If any Goods are returned, price adjustment is allowed, or debt for Services is adjusted, Company will notify the Bank and provide appropriate documentation thereof to the Cardholder. Upon receipt of Transaction Records reflecting a credit to which there has been a corresponding debit, Bank will net against amounts payable by Bank to Company the total shown on the Credit Slip, and credit the Cardholder's Account in the amount of such Credit Slip. If on any day the total amount of the Net Proceeds is a negative amount, Company shall remit the difference to Bank immediately upon written demand. (d) Company's Stores shall not, when the Cardholder is present in the store, accept a transaction to be charged to an Account without either: presentation of a Credit Card and following any additional identification outlined in the Operating Procedures; or following such proper identification procedures for transactions where a Credit Card is not presented as outlined in the Operating Procedures.

Appears in 7 contracts

Samples: Private Label Credit Card Program Agreement (Alliance Data Systems Corp), Private Label Credit Card Program Agreement (Alliance Data Systems Corp), Private Label Credit Card Program Agreement (Alliance Data Systems Corp)

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Additional Operating Procedures. In addition to the procedures, instructions and practices contained in the Operating Procedures, Company agrees Stage and Bank agree that Company Stage, Stage's Stores and Bank will comply with the following procedures: (a) In each Credit Card transaction Company transaction, Stage and Stage's Stores must obtain all the information contained in clause (b) of the definition of Transaction Record. The date which appears on the Charge Slip or Credit Slip will be prima facie evidence of the transaction date, and Company Stage shall be required use its reasonable best efforts to transmit all Transaction Records relating to such Charge Slip and/or Credit Slip so that Bank receives such Transaction Records no later than the second Business Day after the transaction date; provided that if, as a result of technical disruptions, any store locations are not polled within a normal period after the occurrence of the underlying Transactions, Company may transmit such information relating to such store locations as soon as reasonably practicable after polling is completed. The "Cardholder Copy" of each Charge Slip shall be delivered to the Cardholder at the time of the transaction if the Cardholder is in the store. (b) All Charge Slips will evidence the total price of the sale minus any cash (or check) down payment. Company Stage shall retain the "Merchant Copy" of all Company Stage and Stage's Store generated Charge and Credit Slips for each transaction for a period of six twelve (612) months from the date of presentation to Bank or in the case of Deferred Billing Promotional Programs, six twelve (612) months from the end of the applicable Deferred Billing Promotional Program. (c) Company Stage and Stage's Stores will maintain a fair policy for the exchange and return of Goods and adjustment for Services rendered and for that purpose will give credit to Accounts upon such exchange, return or adjustment. Company Stage and Stage's Stores will not make cash refunds to Cardholders on Credit Card Purchases. If any Goods are returned, price adjustment is allowed, or debt for Services is adjusted, Company Stage and Stage's Stores will notify the Bank and provide appropriate documentation thereof to the Cardholder. Upon receipt of Transaction Records reflecting a credit to which there has been a corresponding debit, Bank will net against amounts payable by Bank to Company Stage the total shown on the Credit Slip, and credit the Cardholder's Account in the amount of such Credit Slip. If on any day the total amount of the Net Proceeds is a negative amountare insufficient, Company Stage shall remit the difference amount of such Credit Slips, or any unpaid portion thereof, to Bank immediately upon written demand. (d) CompanyStage's Stores shall not, when the Cardholder or authorized user is present in the store, accept a transaction to be charged to an Account without either: presentation of a Credit Card and following any additional identification outlined in the Operating Procedures; or following such proper identification procedures for transactions where a Credit Card is not presented as outlined in the Operating Procedures. (e) To the extent allowed under Applicable Laws and as required for Bank's safety and soundness, Bank shall authorize a $100.00 floor limit in the event that access to the Bank's authorization systems are interrupted or not operational, which limit may be increased during other selling periods of Stage by written mutual agreement of Stage and Bank. Bank shall have the right to prohibit individual Stage's Stores from utilizing floor limits in the event Bank reasonably determines that floor limit authorizations are being abused, and Bank shall notify Stage of any prohibition.

Appears in 2 contracts

Samples: Private Label Credit Card Program Agreement (Stage Stores Inc), Private Label Credit Card Program Agreement (Stage Stores Inc)

Additional Operating Procedures. In addition to the procedures, instructions and practices contained in the Operating Procedures, Company agrees that Company will comply with the following procedures: (a) In each Credit Card transaction Company must obtain all the information contained in clause (b) of the definition of Transaction Record. The date which appears on the Charge Slip or Credit Slip will be prima facie evidence of the transaction date, and Company shall be required to transmit all Transaction Records relating to such Charge Slip and/or Credit Slip so that Bank receives such Transaction Records no later than the second Business Day after the transaction date; provided that if, as a result of technical disruptions, any store locations are not polled within a normal period after the occurrence of the underlying Transactions, Company may transmit such information relating to such store locations as soon as reasonably practicable after polling is completed. The "Cardholder Copy" copy of each Charge Slip shall be delivered to the Cardholder at the time of the transaction if the Cardholder is in the store. The Charge Slip for all Purchases made via the Company Website shall be delivered to the Cardholder at the time of delivery of Goods to the Cardholder. (b) All Charge Slips will evidence the total price of the sale minus any cash down payment. Company shall retain the "Merchant Copy" merchant copy of all Company generated Charge and Credit Slips for each transaction for a period of six (6) months from the date of presentation to Bank or in the case of Deferred Billing Programs, six (6) months from the end of the applicable Deferred Billing Program. (c) Company will maintain a fair policy for the exchange and return of Goods and adjustment for Services rendered and for that purpose will give credit to Accounts upon such exchange, return exchange or adjustmentreturn. Company will not make cash refunds to Cardholders on Credit Card Purchases. If any Goods are returned, returned or price adjustment is allowed, or debt for Services is adjusted, Company will notify the Bank and provide appropriate documentation thereof to the Cardholder. Upon receipt of Transaction Records reflecting a credit to which there has been a corresponding debit, Bank will net against amounts payable by Bank to Company the total shown on the Credit Slip, and credit the Cardholder's ’s Account in the amount of such Credit Slip. If on any day the total amount of the Net Proceeds is a negative amount, Company shall remit the difference to Bank immediately upon written demand. (d) Company's ’s Retail Stores shall not, when the Credit Card and/or Cardholder is present in the store, accept a transaction to be charged to an Account without either: presentation of a Credit Card and following any additional identification outlined verifying, in accordance with the Operating Procedures; or following such proper identification procedures for transactions where a Credit Card is not presented as outlined in , (i) the Operating Proceduresidentity of the Customer, and (ii) his/her authorization to make Purchases on the Account.

Appears in 1 contract

Samples: Private Label Credit Card Program Agreement (New York & Company, Inc.)

Additional Operating Procedures. In addition to the procedures, instructions and practices contained in the Operating Procedures, Company DWR agrees that Company DWR and DWR’s Stores will comply with the following procedures: (a) In each Credit Card transaction Company DWR and DWR’s Stores must obtain all the information contained in clause (b) of the definition of Transaction Record. The date which appears on the Charge Slip or Credit Slip will be prima facie evidence of the transaction date, and Company DWR shall be required use its reasonable best efforts to transmit all Transaction Records relating to such Charge Slip and/or Credit Slip so that Bank receives such Transaction Records no later than the second Business Day after the transaction date; provided that if, as a result of technical disruptions, any store locations are not polled within a normal period after the occurrence of the underlying Transactions, Company may transmit such information relating to such store locations as soon as reasonably practicable after polling is completed. The "Cardholder Copy" of each Charge Slip shall be delivered to the Cardholder at the time of the transaction if the Cardholder is in the store. (b) All Charge Slips will evidence the total price of the sale minus any cash down payment. Company DWR shall retain the "Merchant Copy" of all Company DWR and DWR’s Store generated Charge and Credit Slips for each transaction for a period of six twelve (612) months from the date of presentation to Bank or in the case of Deferred Billing Promotional Programs, six twelve (612) months from the end of the applicable Deferred Billing Promotional Program. (c) Company DWR and DWR’s Stores will maintain a fair policy for the exchange and return of Goods and adjustment for Services rendered and for that purpose will give credit to Accounts upon such exchange, return or adjustment. Company DWR and DWR’s Stores will not make cash refunds to Cardholders on Credit Card Purchases. If any Goods are returned, price adjustment is allowed, or debt for Services is adjusted, Company DWR and DWR’s Stores will notify the Bank and provide appropriate documentation thereof to the Cardholder. Upon receipt of Transaction Records reflecting a credit to which there has been a corresponding debit, Bank will net against amounts payable by Bank to Company DWR the total shown on the Credit Slip, and credit the Cardholder's ’s Account in the amount of such Credit Slip. If on any day the total amount of the Net Proceeds is a negative amountDWR Deposit Account contains insufficient funds, Company DWR shall remit the difference amount of such Credit Slips, or any unpaid portion thereof, to Bank immediately upon within five (5) business days after written demand. (d) Company's DWR’s Stores shall not, when the Cardholder or authorized user is present in the store, accept a transaction to be charged to an Account without either: presentation of a Credit Card and following any additional identification outlined in the Operating Procedures; or following such proper identification procedures for transactions where a Credit Card is not presented as outlined in the Operating Procedures.

Appears in 1 contract

Samples: Private Label Credit Card Program Agreement (Design Within Reach Inc)

Additional Operating Procedures. In addition to the procedures, instructions and practices contained in the Operating Procedures, Company agrees that Company will comply with the following procedures: (a) In each Credit Card transaction Company must obtain all the information contained in clause (b) of the definition of Transaction Record. The date which appears on the Charge Slip or Credit Slip will be prima facie evidence of the transaction date, and Company shall be required to transmit all Transaction Records relating to such Charge Slip and/or Credit Slip so that Bank receives such Transaction Records no later than the second Business Day after the transaction date; provided that if, as a result of technical disruptions, any store locations are not polled within a normal period after the occurrence of the underlying Transactions, Company may transmit such information relating to such store locations as soon as reasonably practicable after polling is completed. The "Cardholder Copy" of each Charge Slip shall be delivered to the Cardholder at the time of the transaction if the Cardholder is in the store. (b) All Charge Slips will evidence the total price of the sale minus any cash down payment. Company shall retain the "Merchant Copy" of all Company generated Charge and Credit Slips for each transaction for a period of six (6) months from the date of presentation to Bank or in the case of Deferred Billing Programs, six (6) months from the end of the applicable Deferred Billing Program. (c) Company will maintain a fair policy for the exchange and return of Goods and adjustment for Services rendered and for that purpose will give credit to Accounts upon such exchange, return or adjustment. Company will not make cash refunds to Cardholders on Credit Card Purchases. If any Goods are returned, price adjustment is allowed, or debt for Services is adjusted, Company will notify the Bank and provide appropriate documentation thereof to the Cardholder. Upon receipt of Transaction Records reflecting a credit to which there has been a corresponding debit, Bank will net against amounts payable by Bank to Company the total shown on the Credit Slip, and credit the Cardholder's Account in the amount of such Credit Slip. If on any day the total amount of the Net Proceeds is a negative amount, Company shall remit the difference to Bank immediately upon written demand. (d) Company's Stores shall not, when the Cardholder is present in the store, accept a transaction to be charged to an Account without either: :presentation of a Credit Card and following any additional identification outlined in the Operating Procedures; or following such proper identification procedures for transactions where a Credit Card is not presented as outlined in the Operating Procedures.

Appears in 1 contract

Samples: Private Label Credit Card Program Agreement (Alliance Data Systems Corp)

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Additional Operating Procedures. In addition to the procedures, instructions and practices contained in the Operating Procedures, Company Hanover Direct agrees that Company Hanover Direct will comply with the following procedures: (a) In each Credit Card Account transaction Company by Hanover Direct, such entity must obtain all the information contained in clause (b) of the definition of Transaction Record. The date which appears on the Charge Slip or Credit Slip will be prima facie evidence of the transaction date, and Company Hanover Direct shall be required to transmit all Transaction Records relating to such Charge Slip and/or Credit Slip so that Bank receives such Transaction Records no later than the second Business Day after the transaction date; provided that if, as a result of technical disruptions, any store locations are not polled within a normal period after the occurrence of the underlying Transactions, Company may transmit such information relating to such store locations as soon as reasonably practicable after polling is completed. The "Cardholder Copy" of each Charge Slip shall be delivered to the Cardholder at the time of the transaction if the Cardholder is in the store. (b) All Charge Slips will evidence the total price of the sale minus any cash down payment. Company Hanover Direct shall retain the "Merchant Copy" of all Company Hanover Direct and Hanover Direct’s Store generated Charge Slips and Credit Slips for each transaction for a period of six twelve (612) months from the date of presentation to Bank or in the case of Deferred Billing Promotional Programs, six twelve (612) months from the end of the applicable Deferred Billing Promotional Program. (c) Company Hanover Direct will maintain a fair policy for the exchange and return of Goods and adjustment for Services rendered and for that purpose will give credit to Accounts upon such exchange, return or adjustment. Company Hanover Direct will not make cash refunds to Cardholders on Credit Card Purchases. If any Goods are returned, price adjustment is allowed, or debt for Services is adjusted, Company Hanover Direct will notify the Bank and provide appropriate documentation thereof to the Cardholder. Upon receipt of Transaction Records reflecting a credit to which there has been a corresponding debit, Bank will net against amounts payable by Bank to Company Hanover Direct the total shown on the Credit Slip, and credit the Cardholder's ’s Account in the amount of such Credit Slip. If on any day the total amount of the Net Proceeds is a negative amountHanover Direct Deposit Account contains insufficient funds, Company Hanover Direct shall remit the difference amount of such Credit Slips, or any unpaid portion thereof, to Bank immediately upon written demand. (d) Company's Hanover Direct’s Stores shall not, when the Cardholder or authorized user is present in the store, accept a transaction to be charged to an Account without either: presentation of a Credit Card and following any additional identification outlined in the Operating Procedures; or following such proper identification procedures for transactions where a Credit Card is not presented as outlined in the Operating Procedures.

Appears in 1 contract

Samples: Co Brand and Private Label Credit Card Program Agreement (Hanover Direct Inc)

Additional Operating Procedures. In addition to the procedures, instructions and practices contained in the Operating Procedures, Company agrees Samuxxx xxxees that Company Samuxxx xxx Samuxxx' Xxores will comply with the following procedures: (a) Before completing a Credit Card sale, Samuxxx' Xxores will examine the Credit Card and Charge Slip and use commercially reasonable efforts to determine: (i) that the Credit Card appears on its face to be a Credit Card; (ii) that the Credit Card has been signed; and (iii) that the signature on the Charge Slip reasonably appears to be the same as the authorized signature appearing on the Credit Card. (b) In each Credit Card transaction Company Samuxxx xxx Samuxxx' Xxores must obtain all the information contained in clause (b) of the definition of Transaction Record. The date which appears on the Charge Slip or Credit Slip will be prima facie evidence of the transaction date, and Company shall Samuxxx xxxll be required to transmit all Transaction Records relating to such Charge Slip and/or Credit Slip so that Bank receives such Transaction Records no later than the second Business Day after the transaction date; provided that if. From time to time, as a result Samuxxx' Xxore may be required by Bank to obtain identification from a Cardholder at the time of technical disruptionssale, any store locations are not polled within a normal period after and may be required to record this information on the occurrence of the underlying Transactions, Company may transmit such information relating to such store locations as soon as reasonably practicable after polling is completedCharge Slip. The "Cardholder Copy" of each Charge Slip shall be delivered to the Cardholder at the time of the transaction if the Cardholder is in the storetransaction. (bc) All Charge Slips will evidence the total price of the sale minus any cash down paymentpayment or trade-in. Company shall Samuxxx xxxll retain the "Merchant Copy" of all Company Samuxxx xxx Samuxxx' Xxore generated Charge and Credit Slips for each transaction for a period of six sixty (660) months from the date of presentation to Bank or in the case of Deferred Billing Programs, six (6) months from the end of the applicable Deferred Billing ProgramBank. (cd) Company Samuxxx xxx Samuxxx' Xxores will maintain a fair policy for the exchange and return of Goods and adjustment for Services rendered and for that purpose will give credit to Accounts upon such exchange, return or adjustment. Company Samuxxx xxx Samuxxx' Xxores will not make cash refunds to Cardholders on Credit Card Purchases. If any Goods are returned, price adjustment is allowed, or debt for Services is adjusted, Company Samuxxx xxx Samuxxx' Xxores will notify the Bank legibly complete, date and provide appropriate documentation sign a Credit Slip in a form acceptable to Bank; and (ii) deliver a completed legible copy thereof to the Cardholder. Upon receipt of Transaction Records reflecting a credit to which there has been a corresponding debit, Bank will net either offset against amounts payable by Bank to Company Samuxxx xx charge against the Samuxxx' Xxposit Account the total shown on the Credit Slip, and credit the Cardholder's Account in the amount of such Credit Slip. If on any day the total Samuxxx' Xxposit Account contains insufficient funds, Samuxxx xxxll remit the amount of the Net Proceeds is a negative amountsuch Credit Slips, Company shall remit the difference or any unpaid portion thereof, to Bank immediately upon within five (5) Business Days after written demand. (de) Company's Stores Samuxxx' Xxores shall not, when the Cardholder is present in the store, not accept a transaction to be charged to an Account without either: presentation of a Credit Card and following any additional identification outlined in the Operating Procedures; or following such proper identification procedures for transactions where a Credit Card is not presented as outlined in the Operating Procedures.

Appears in 1 contract

Samples: Private Label Credit Card Program Agreement (Samuels Jewelers Inc)

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