Common use of Chargeback Clause in Contracts

Chargeback. (a) Under any one or more of the following circumstances, Acquirer may charge back to Merchant any Transaction record that Acquirer has accepted, and Xxxxxxxx shall repay Acquirer the amount represented by the Transaction record plus any associated fees and/or fines: (i) the Transaction record or any material information on a sales slip (such as the account number, expiration date of the Card, Merchant description, Transaction amount, or date) is illegible, incomplete, or otherwise indiscernible, is not endorsed, or is not delivered to Acquirer within the required time limits; (ii) the Transaction was one which received a negative account verification service response (or would have received a negative account verification service response if Xxxxxxxx had contacted the service on the Transaction date) and Merchant did not reject the Transaction or receive prior authorization for the Transaction, as applicable; (iii) electronic authorization was available and Merchant failed to authorize electronically; (iv) in a key‐entered card present Transaction the sales slip does not contain the required imprint of a Card that was valid, effective, and unexpired on the Transaction date; (v) the Transaction was one for which prior credit authorization was required and prior credit authorization was not obtained, or a valid authorization number is not correctly and legibly included on the Transaction record; (vi) the Transaction record is a duplicate of an item previously paid, or is one of two or more Transaction records generated in a single Transaction in violation of this Agreement; (vii) the cardholder disputes the execution of the Transaction record, the sale, delivery, quality, or performance of the goods or services purchased, or alleges that a credit adjustment was requested and reissued or that a credit adjustment was issued by Xxxxxxxx but not posted to the cardholder's account; (viii) the price of the goods or services shown on the Transaction record differs from the amount shown on the copy of the sales slip or the receipt delivered to the customer at the time of the Transaction; (ix) Acquirer reasonably determines that Merchant has violated any term, condition, covenant, warranty, or other provisions of this Agreement in connection with the Transaction record or the Transaction to which it relates; (x) Acquirer reasonably determines that the Transaction record is fraudulent or that the related Transaction is not a bona fide Transaction in Merchant’s ordinary course of business, or is subject to any claim of illegality, cancellation, rescission, avoidance, or offset for any reason whatsoever, including without limitation negligence, fraud, or dishonesty on the part of Merchant or Merchant's agents or employees; (xi) the Transaction record arises from a mail or telephone order Transaction or eCommerce Transaction which the cardholder disputes entering into or authorizing, or which involves an account number that never existed or that has expired and has not been renewed; (xii) Merchant fails to provide any sales slip or credit slip to Acquirer in accordance with Section 3.1 of this Agreement; or (xiii) the Transaction is charged back to Acquirer for any other reason pursuant to Card Association rules and regulations. (b) In the event Xxxxxxxx believes a chargeback to be improper, Xxxxxxxx must notify Acquirer of this in writing within the twenty (20) calendar days of the date of the chargeback or forfeit its right to contest the chargeback. (c) Except in the case of chargebacks that are based solely on the Merchant's failure to obtain an authorization, Acquirer may chargeback a Transaction in accordance with this Section even if an authorization was obtained in connection with the Transaction.

Appears in 1 contract

Samples: Merchant Application and Processing Agreement

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Chargeback. (a) Under any one 15.1. Any CHARGEBACK represents a debt immediately due and payable by MERCHANT to VALITOR. If an ISSUER exercises its rights not to settle or more of to undertake a CHARGEBACK in accordance with the following circumstancesCARD SCHEME RULES, Acquirer may charge back to Merchant any Transaction record that Acquirer has acceptedVALITOR will immediately, and Xxxxxxxx shall repay Acquirer without notice, be entitled, and MERCHANT will allow VALITOR, to debit the MERCHANT BANK ACCOUNT, or to recover from MERCHANT by any other means or on any other timescales, the amount represented paid by VALITOR to MERCHANT in respect of that TRANSACTION. XXXXXXX’s right to do this will be as detailed in the Transaction record plus CARD SCHEME RULES, only, and will not be affected by any associated fees and/or fines:arrangement between MERCHANT and the CARDHOLDER. For the avoidance of doubt, VALITOR may invoice MERCHANT for CHARGEBACK amount if VALITOR (at its sole discretion) has decided not to debit the MERCHANT BANK ACCOUNT. (i) the Transaction record 15.2. The following is a non-exhaustive description of circumstances where a CHARGEBACK may arise, and there may be other parts of this MERCHANT Agreement which give rise to a CHARGEBACK or any material information on a sales slip other circumstances (such as those listed in the account numberMOI) not referred to in this MERCHANT Agreement which may give rise to a CHARGEBACK: a. the TRANSACTION is for any reason illegal or of no legal effect; b. the CARD used in the TRANSACTION no longer bears the authenticity features referred to in the MOI, expiration date or is damaged or has been changed or tampered with, or is unsigned or if any signature presented by the person presenting the CARD does not match the signature on the back of the Card, Merchant description, Transaction amountCARD, or date) is illegible, incomplete, or otherwise indiscerniblehas expired, is not endorsedyet valid or has been cancelled or revoked, or is not delivered to Acquirer within the required time limits; (ii) the Transaction was one which received a negative account verification service response (or would have received a negative account verification service response if Xxxxxxxx had contacted the service on the Transaction date) and Merchant did not reject the Transaction or receive prior authorization for the Transaction, as applicable; (iii) electronic authorization was available and Merchant failed to authorize electronically; (iv) in a key‐entered card present Transaction the sales slip does not contain the required imprint of a Card that was valid, effective, and unexpired on the Transaction date; (v) the Transaction was one for which prior credit authorization was required and prior credit authorization was not obtained, or a valid authorization number is not correctly and legibly included on the Transaction record; (vi) the Transaction record is a duplicate of an item previously paid, or is one of two or more Transaction records generated in a single Transaction in violation of this Agreement; (vii) the cardholder disputes the execution of the Transaction record, the sale, delivery, quality, or performance of the goods or services purchased, or alleges that a credit adjustment was requested and reissued or that a credit adjustment was issued by Xxxxxxxx but not posted to the cardholder's account; (viii) the price of the goods or services shown on the Transaction record differs from the amount shown on the copy of the sales slip or the receipt delivered to the customer at the time of the Transaction; (ix) Acquirer reasonably determines that Merchant has violated any term, condition, covenant, warranty, or other provisions of this Agreement in connection with the Transaction record or the Transaction to which it relates; (x) Acquirer reasonably determines that the Transaction record is fraudulent or that the related Transaction is not a bona fide Transaction in Merchant’s ordinary course of business, or is subject to any claim of illegality, cancellation, rescission, avoidance, or offset for any reason whatsoever, including without limitation negligence, fraud, or dishonesty on the part of Merchant or Merchant's agents or employees; (xi) the Transaction record arises from a mail or telephone order Transaction or eCommerce Transaction which the cardholder disputes entering into or authorizing, or which involves an account number that never existed or that has expired and has not been renewed; (xii) Merchant fails to provide any sales slip or credit slip to Acquirer in accordance with Section 3.1 of this Agreement; or (xiii) the Transaction is charged back to Acquirer for any other reason pursuant to Card Association rules and regulations. (b) In the event Xxxxxxxx believes a chargeback to be improper, Xxxxxxxx must notify Acquirer of this in writing within the twenty (20) calendar days of the date of the chargeback TRANSACTION; c. the amount of the CARD TRANSACTION was a RECURRING TRANSACTION or forfeit its right involved an International Maestro CARD or Visa Electron CARD but the TRANSACTION was not authorised; d. MERCHANT has in any way failed to contest comply with the chargeback. (c) Except MOI, TERMINAL user manuals, VALITOR BACK OFFICE Manual or are otherwise in breach of this MERCHANT Agreement or the case of chargebacks CARD SCHEME RULES or any other requirement that are based solely on the Merchant's failure VALITOR may notify to obtain an authorization, Acquirer may chargeback a Transaction MERCHANT from time to time in accordance with this Section even if an authorization was obtained clause 33; e. the goods and/or services to be supplied by MERCHANT under the TRANSACTION have not been supplied, or are defective or not as described, or the purpose of the TRANSACTION is to credit the CARDHOLDER’s account; f. the information recorded in connection with the Transaction.sales receipt presented to the CARDHOLDER materially differs from the information contained in TRANSACTION data presented for SETTLEMENT; g. VALITOR has notified MERCHANT, whether in a list or otherwise, that the CARD is fraudulent, lost or stolen; h. two or more sets of TRANSACTION data have been completed or sent for SETTLEMENT in respect of a single CARD TRANSACTION; i. the TRANSACTION is not directly between MERCHANT and the CARDHOLDER, or where MERCHANT had or ought to have had reasonable doubts that the person presenting the CARD is not the CARDHOLDER;

Appears in 1 contract

Samples: Merchant Acquiring Agreement

Chargeback. (a) Under The Bank shall be entitled at any one time to refuse total or more partial payment to the Merchant or, if the payment has been made, and/or to debit/hold the account of the Merchant with such amount and/or to seek immediate reimbursement from the Merchant for any amount already paid to the Merchant in the event of a breach by the Merchant of any of the terms and conditions of this Agreement including but not limited to any of the following circumstances, Acquirer may situations; a. The transaction is for any reason unlawful or unenforceable; b. The cardholder’s signature is missing; c. The cardholder’s signature on the charge back slip or any other document required to Merchant any Transaction record that Acquirer has accepted, and Xxxxxxxx shall repay Acquirer the amount represented be signed by the Transaction record plus any associated fees and/or fines: (i) cardholder in relation to the Transaction record transaction is a forgery or any material information the cardholder’s signature on a sales slip (such as the account number, expiration date of document does not match the Card, Merchant description, Transaction amount, or date) is illegible, incomplete, or otherwise indiscernible, is not endorsed, or is not delivered to Acquirer within signature on the required time limitscard used for the transaction; (ii) the Transaction was one which received a negative account verification service response (or would have received a negative account verification service response if Xxxxxxxx had contacted the service on the Transaction date) and Merchant did not reject the Transaction or receive prior authorization for the Transaction, as applicable; (iii) electronic authorization was available and Merchant failed to authorize electronically; (iv) in a key‐entered card present Transaction the sales slip does not contain the required imprint of a Card that was valid, effective, and unexpired on the Transaction date; (v) the Transaction was one for which prior credit authorization was required and prior credit authorization was not obtained, or a valid authorization number is not correctly and legibly included on the Transaction record; (vi) the Transaction record is a duplicate of an item previously paid, or is one of two or more Transaction records generated in a single Transaction in violation of this Agreement; (vii) the cardholder disputes the execution of the Transaction record, the sale, delivery, quality, or performance of the goods or services purchased, or alleges that a credit adjustment was requested and reissued or that a credit adjustment was issued by Xxxxxxxx but not posted to the cardholder's account; (viii) the price of the goods or services shown on the Transaction record differs from the amount shown on the d. The copy of the sales slip or invoice of the receipt delivered Merchant or any other document required to be signed by the cardholder in relation to the customer transaction presented to the Bank or retained by the Merchant is incompatible with any copy provided to the cardholder; e. Cardholder’s account number is found to be omitted, incomplete or invalid or cardholder’s account number is not imprinted on the charge record form; f. The card presented to the Merchant in respect of the transaction has been altered or had not yet become valid or had expired at the time of the Transactiontransaction; g. The card presented to the Merchant in respect of the transaction was listed in a warning list or any other communication or advice (ixin whatever form) Acquirer reasonably determines that Merchant has violated any term, condition, covenant, warranty, from time to time issued or other provisions made available by or on behalf of this Agreement the Bank to the Merchant; h. The price charged to the cardholder was in connection with excess of the Transaction record price at which the goods supplied or the Transaction to which it relatesservices performed were provided by the Merchant for cash; (x) Acquirer reasonably determines that i. The sales price was in excess of the Transaction record is fraudulent or that floor limit and no prior authority therefore was obtained from the related Transaction is not a bona fide Transaction in Merchant’s ordinary course of business, or is subject to any claim of illegality, cancellation, rescission, avoidance, or offset for any reason whatsoever, including without limitation negligence, fraud, or dishonesty on the part of Merchant or Merchant's agents or employeesBank; (xi) j. The goods and/or services covered by the Transaction record arises from transaction are rejected or returned or the transaction or part thereof is invalid, cancelled or terminated by a mail cardholder or telephone order Transaction or eCommerce Transaction which if the cardholder disputes entering into or authorizing, or which involves an account number that never existed or that has expired and has not been renewed; (xii) Merchant fails to provide at all or to the cardholder’s satisfaction, goods and/ or services to the cardholder; k. The charge record form or any sales slip part thereof is illegible, incomplete or credit slip to Acquirer in accordance with Section 3.1 of this Agreement; or (xiii) the Transaction is charged back to Acquirer for any other reason pursuant to Card Association rules and regulations. (b) In the event Xxxxxxxx believes a chargeback to be improper, Xxxxxxxx must notify Acquirer of this in writing within the twenty (20) calendar days of the date of the chargeback unsigned or forfeit its right to contest the chargeback. (c) Except in the case of chargebacks that are based solely on the Merchant's failure to obtain an authorization, Acquirer may chargeback a Transaction not prepared or completed or submitted in accordance with this Section even if Agreement; l. The cardholder disputes the nature, quality or quantity of the goods and/or services covered by the transaction; m Any information presented electronically to the Bank in respect of the transaction is not received in accordance with this Agreement; n. The Bank has requested evidence in accordance with Clause 22 in relation to the transaction which the Merchant has failed to provide; o. The transaction information required to be presented in respect of the transaction is not presented to the Bank within the agreed time; p. The cardholder disputes or denies the transaction or the sale or delivery of goods and/or services covered by the transaction within reason; q. In seeking authorization for a transaction the Merchant has given an authorization was obtained in connection with incorrect cardholder’s name or card account numbers to the Transaction.Bank; r. Transaction is charged more than once to cardholder’s account due to the deposit of an incorrect copy of a charge record form by the Merchant; s. The Bank reasonably believes that the transactions are irregular; t. The Bank is of the opinion that there are suspicious circumstances surrounding the transaction; u. The Bank is of the opinion that the submission of the transaction information by the Merchant is out of the normal pattern; v. The issuing Bank refuses to honour the sales slips presented by the Merchant; w. Notwithstanding the provisions of Clause 5 hereof, the circumstances of the transaction were so suspicious that the Merchant should have realized that the card is a counterfeit or stolen and should have therefore declined the transaction;

Appears in 1 contract

Samples: Merchant Agreement

Chargeback. (a) Under a. Notwithstanding any one provision of this Agreement to the contrary or more any authorization given in relation to such Credit Card transaction, METROBANK shall be entitled, without giving any reason, to refuse payment as stated under 9.1.a above to the MERCHANT of all or part of any amount of any Card Transaction and to be compensated or indemnified of whatever losses that it may incur, in case of any of the following circumstancesevents (each a Chargeback Event) occurs: i. The Cardholder disputes the nature, Acquirer may charge quality, use or fitness of the goods sold and/or services rendered under the Card Transaction, or alleges that the MERCHANT has breached the terms of the contract of sale or service entered into between the MERCHANT and the Cardholder or any representation or warranty made by the MERCHANT to the Cardholder; ii. The Cardholder disputes or denies that the Card Transaction was effected by him or the contract of sale or service with the MERCHANT was entered into by him or delivery of the goods sold and/or performance of the services rendered under the Card Transaction was received by him. METROBANK shall refer to the MERCHANT all transaction/s disputed by the Cardholder and MERCHANT undertakes to resolve the dispute with the Cardholder within five (5) business days upon receipt of advice from METROBANK. Disputed transaction(s) which the MERCHANT has failed to resolve within the aforestated period shall be automatically charged back by METROBANK to Merchant any the MERCHANT; iii. The contract of sale or service entered into between the MERCHANT and the Cardholder in relation to the goods and/or services rendered under the Card Transaction record that Acquirer has acceptedis illegal, contrary to law, public order, public policy, public morals, good customs, and Xxxxxxxx shall repay Acquirer those transactions that are inexistent and void from the amount represented by the Transaction record plus any associated fees and/or fines: (i) the Transaction record or any material information on a sales slip (such as the account number, expiration date beginning under Article 1409 of the Card, Merchant description, Transaction amount, or date) is illegible, incomplete, or otherwise indiscernible, is not endorsed, or is not delivered to Acquirer within Civil Code of the required time limitsPhilippines; (ii) iv. Payment in relation to the Card Transaction was one which received a negative account verification service response (has been mistakenly or would have received a negative account verification service response if Xxxxxxxx had contacted wrongly made by METROBANK or the service on Cardholder to the Transaction date) and Merchant did not reject MERCHANT; v. No authorization and/or authorization code numbers were sought by and/or granted to the Transaction or receive prior authorization MERCHANT for the Transaction, Card Transaction as applicable; (iii) electronic authorization was available and Merchant failed to authorize electronically; (iv) in a key‐entered card present Transaction the sales slip does not contain the required imprint of a Card that was valid, effective, and unexpired on the Transaction date; (v) the Transaction was one for which prior credit authorization was required and prior credit authorization was not obtained, or a valid authorization number is not correctly and legibly included on the Transaction record; (vi) the Transaction record is a duplicate of an item previously paid, or is one of two or more Transaction records generated in a single Transaction in violation of under this Agreement; (vi. The Credit Card used for the Card Transaction is not a valid Credit Card and/or has been listed in any warning bulletin; vii) the cardholder disputes the execution of . The Cardholder alleges that the Transaction record, Draft or Charge Slips has been drawn or altered without his consent or authority; PLEASE SIGN ON ALL PAGES viii. The Transaction Draft / Charge Slips is not signed by the sale, delivery, quality, Cardholder or performance any part of the goods or services purchased, or alleges that a credit adjustment was requested and reissued or that a credit adjustment was issued by Xxxxxxxx but not posted to the cardholder's accountit is illegible; (viii) ix. The copy of any Transaction Draft/Charge Slips or any document required to be signed by the price of Cardholder in relation to any Card Transaction presented to METROBANK or retained by the goods or services shown on the Transaction record differs from the amount shown on MERCHANT is not identical to the copy of the sales slip same as given to the Cardholder; x. The MERCHANT does not furnish METROBANK the original copy of the Transaction Draft/Charge Slip or a copy of it, invoice or other document or record relating to the Card Transaction forthwith upon request of METROBANK; xi. The MERCHANT does not comply with any of its obligations or the receipt delivered requirements under this agreement in relation to the customer at the time of the Transactionany Card Transaction or any security measures or guidelines relating to this agreement issued by METROBANK; (ix) Acquirer reasonably determines that Merchant xii. There has violated been a breach by the MERCHANT of any term, condition, covenant, warrantyother of its obligations under this agreement not specified herein, or of any other provisions agreement entered into between the MERCHANT and METROBANK or of any other obligation whatsoever owed by the MERCHANT to METROBANK, whether or not related to this Agreement in connection with the Transaction record or the Transaction to which it relatesAgreement; (x) Acquirer reasonably determines that xiii. The MERCHANT processed the same Card Transaction record is fraudulent or that the related Transaction is not a bona fide Transaction in Merchant’s ordinary course of business, or is subject to any claim of illegality, cancellation, rescission, avoidance, or offset for any reason whatsoever, including without limitation negligence, fraud, or dishonesty on the part of Merchant or Merchant's agents or employees; (xi) the Transaction record arises from a mail or telephone order Transaction or eCommerce Transaction which the cardholder disputes entering into or authorizing, or which involves an account number that never existed or that has expired and has not been renewed; (xii) Merchant fails to provide any sales slip or credit slip to Acquirer in accordance with Section 3.1 of this Agreementmore than once; or (xiii) the Transaction is charged back to Acquirer for xiv. The occurrence of fraud and other similar events determined by METROBANK, Visa International, MasterCard International or any other reason pursuant to issuer of any Credit Card Association rules and regulations. (b) notified by METROBANK as a Chargeback Event. In the event Xxxxxxxx believes a cases of disputed transactions processed as CNP, chargeback to will be improper, Xxxxxxxx must notify Acquirer effected without notice of this in writing within the twenty (20) calendar days of the date of the chargeback or forfeit its right to contest the chargeback. (c) Except in the case of chargebacks that are based solely on the Merchant's failure to obtain an authorization, Acquirer may chargeback a Transaction in accordance with this Section even if an authorization was obtained in connection with the Transaction.confirmation from

Appears in 1 contract

Samples: Merchant Agreement

Chargeback. 7.1 USER / MERCHANT that accepts payment via FPX or credit / debit card shall bear the chargeback by any Banks / Financial Institution. 7.2 Banks / Financial Institution chargeback is a bank-initiated refund for a FPX or credit / debit card purchase. Rather than request a refund from the USER / MERCHANT who facilitated the purchase, bank account holder or cardholders can dispute a particular transaction by contacting their bank and requesting a Chargeback. As such, all USER / MERCHANT shall be responsible to pay the amount of chargeback issued and/or requested by the Banks / Financial Institution. 7.3 In any event such Chargeback has been issued and/or requested by the Banks / Financial Institution, eByar shall issue an official notice via email to the USER / MERCHANT, informing of the same for the USER / MERCHANT earliest settlement. 7.4 Payments and/or Settlements by the USER / MERCHANT shall follow these procedures accordingly: i. Chargeback initiated before the settlement process: (a) Under any one or more of the following circumstances, Acquirer may charge back to Merchant any Transaction record that Acquirer has accepted, and Xxxxxxxx eByar shall repay Acquirer the amount represented by the Transaction record plus any associated fees and/or fines: (i) the Transaction record or any material information on a sales slip (such as the account number, expiration date of the Card, Merchant description, Transaction amount, or date) is illegible, incomplete, or otherwise indiscernible, is not endorsed, or is not delivered to Acquirer within the required time limits; (ii) the Transaction was one which received a negative account verification service response (or would have received a negative account verification service response if Xxxxxxxx had contacted the service on the Transaction date) and Merchant did not reject the Transaction or receive prior authorization wait for the TransactionBanks / Financial Institution investigation and reconciliation. If the finding shows no issue towards such claim, as applicable; (iii) electronic authorization was available and Merchant failed to authorize electronically; (iv) in a key‐entered card present Transaction the sales slip does not contain the required imprint of a Card that was valid, effective, and unexpired on the Transaction date; (v) the Transaction was one for which prior credit authorization was required and prior credit authorization was not obtained, or a valid authorization number is not correctly and legibly included on the Transaction record; (vi) the Transaction record is a duplicate of an item previously paid, or is one of two or more Transaction records generated in a single Transaction in violation of this Agreement; (vii) the cardholder disputes the execution of the Transaction record, the sale, delivery, quality, or performance of the goods or services purchased, or alleges that a credit adjustment was requested and reissued or that a credit adjustment was issued by Xxxxxxxx but not posted eByar shall therefore make payments / settlements to the cardholder's account; (viii) the price of the goods or services shown on the Transaction record differs from the amount shown on the copy of the sales slip or the receipt delivered to the customer at the time of the Transaction; (ix) Acquirer reasonably determines that Merchant has violated any term, condition, covenant, warranty, or other provisions of this Agreement in connection with the Transaction record or the Transaction to which it relates; (x) Acquirer reasonably determines that the Transaction record is fraudulent or that the related Transaction is not a bona fide Transaction in Merchant’s ordinary course of business, or is subject to any claim of illegality, cancellation, rescission, avoidance, or offset for any reason whatsoever, including without limitation negligence, fraud, or dishonesty on the part of Merchant or Merchant's agents or employees; (xi) the Transaction record arises from a mail or telephone order Transaction or eCommerce Transaction which the cardholder disputes entering into or authorizing, or which involves an account number that never existed or that has expired and has not been renewed; (xii) Merchant fails to provide any sales slip or credit slip to Acquirer in accordance with Section 3.1 of this Agreement; or (xiii) the Transaction is charged back to Acquirer for any other reason pursuant to Card Association rules and regulationsUSER / MERCHANT. (b) In If the event Xxxxxxxx believes a chargeback to be improperBanks / Financial Institution finding shows the issue towards such claim is genuine, Xxxxxxxx must notify Acquirer caused by any act of crime and/or any acts as provided in Clause 7 and 8 of this Terms and Conditions; eByar shall returned the amount in writing within dispute to the twenty (20) calendar days Banks. Thereafter, eByar shall inform the USER / MERCHANT officially via email of the date of the chargeback or forfeit its right to contest the chargebacksuch payment and/or settlement. (c) Except Subsequent actions towards the USER / MERCHANT shall be taken by eByar according, as when and as determined by the Banks / Financial Institution next course of action. ii. Chargeback initiated after the settlement process: (a) If the Chargeback amount is less than Ringgit Malaysia One Thousand (RM1,000.00) only, eByar shall: i. Deduct any amount of money and/or payment received by the USER / MERCHANT account either via FPX or Credit Card until such amount in dispute and/or claim been satisfied in full. An official email shall be sent as when the case deduction action been taken. ii. If within One (1) month from the Chargeback Notice, such payment is not made into the USER / MERCHANT account; eByar shall issue a Notice of chargebacks Demand to the USER / MERCHANT, requesting and demanding that are based solely on such amount and/or any amount outstanding and/or relevant to be paid in full promptly. (b) If the Merchant's failure Chargeback amount is more than Ringgit Malaysia One Thousand (RM1,000.00) only, eByar shall issue a Notice demanding the USER / MERCHANT to obtain an authorizationpay immediately such amount and/or any amount outstanding and/or relevant to the claim or dispute. (c) If the payment as above mentioned is not made after One (1) month from the date of the Notice, Acquirer may chargeback a Transaction in accordance with this Section even if an authorization was obtained in connection with eByar shall: i. Disable the TransactionUSER / MERCHANT’s account. ii. If after Thirty (30) days of account disablement, the payment of such amount and/or any amount outstanding and/or relevant to the claim or dispute is not made; legal action shall be taken without further reference and hesitation towards the USER / MERCHANT.

Appears in 1 contract

Samples: User/Merchant Agreement

Chargeback. (a) Under any one In the exercise of Amex’s right to Chargeback, Amex may Chargeback by deducting, withholding, recouping from or more offsetting against Amex’s payments hereunder (or debiting the Bank Account), or Amex may notify Affiliate Member or the applicable Establishment of the following circumstancesobligation to pay Amex, Acquirer which Affiliate Member or the applicable Establishment, must do promptly and fully. (b) Amex may charge back exercise its rights of Chargeback with respect to Merchant any Transaction record that Acquirer has accepted, and Xxxxxxxx shall repay Acquirer the amount represented by the Transaction record plus any associated fees and/or finesCharge in which: (i) Affiliate Member or the Transaction record applicable Establishment has not complied with the terms and conditions contained in Sections 2-6 and 15-18 of this Agreement, regardless of whether Amex had notice of such failure to comply at the time of receipt, acceptance or any material information on a sales slip (such as payment and regardless of whether Authorization was obtained for the account number, expiration date of the Card, Merchant description, Transaction amount, or date) is illegible, incomplete, or otherwise indiscernible, is not endorsed, or is not delivered to Acquirer within the required time limitsCharge; (ii) Authorization was not obtained as required in Section 12 hereof, or an Authorization approval code was not submitted/transmitted with the Charge Record or Transaction Data, regardless of whether Amex accepted such Charge with actual knowledge that Authorization was one which received a negative account verification service response (not obtained or would have received a negative account verification service response if Xxxxxxxx had contacted the service on the Transaction date) and Merchant did not reject the Transaction or receive prior authorization for the Transaction, as applicableapproval code was missing; (iii) electronic authorization was available Any portion of such Charge(s) constitutes amounts which were not on the Charge Record, folio or similar record reviewed by the Cardmember at the time of check-out (unless such Charge(s) were added as "delayed charges" in accordance with Amex's operating procedures) and Merchant failed if the Cardmember subsequently refuses to authorize electronicallypay Amex for such amount; (iv) Where applicable in a key‐entered card present Transaction particular Territories, if an Affiliate Member’s (and or the sales slip does applicable Establishment’s Point of Sale Systems have not contain been upgraded or Amex has not certified the required imprint of a Card that was valid, effective, Affiliate Member for Chip and unexpired on the Transaction datePIN Transactions; (v) A Cardmember has a right under any law, rule or regulation of any state, federal or other governmental body, to assert against Amex or an Issuer any claim or defense which the Transaction was one for which prior credit authorization was required and prior credit authorization was not obtainedCardmember has against Affiliate Member, or Establishment(s) and such a valid authorization number is not correctly and legibly included on the Transaction record;Cardmember withholds payment to Amex or an Issuer or asserts such a claim or defense against Amex; and (vi) the Transaction record is a duplicate of an item previously paid, or is one of two or more Transaction records generated in a single Transaction in violation of this Agreement; (vii) the cardholder disputes the execution of the Transaction record, the sale, delivery, quality, or performance of the goods or services purchased, or alleges that a credit adjustment was requested and reissued or that a credit adjustment was issued Data by Xxxxxxxx but Transmission either does not posted conform to the cardholder's account; (viii) the price of the goods or services shown on the Transaction record differs from the amount shown on the copy of the sales slip Technical Specifications or the receipt delivered to the customer at the time of the Transaction; (ix) Acquirer reasonably determines that Merchant has violated any term, condition, covenant, warranty, or other provisions of this Agreement in connection with the Transaction record or the Transaction to which it relates; (x) Acquirer reasonably determines that the Transaction record is fraudulent or that the related Transaction is Charge Form was not a bona fide Transaction in Merchant’s ordinary course of business, or is subject to any claim of illegality, cancellation, rescission, avoidance, or offset for any reason whatsoever, including without limitation negligence, fraud, or dishonesty on the part of Merchant or Merchant's agents or employees; (xi) the Transaction record arises from a mail or telephone order Transaction or eCommerce Transaction which the cardholder disputes entering into or authorizing, or which involves an account number that never existed or that has expired and has not been renewed; (xii) Merchant fails to provide any sales slip or credit slip to Acquirer prepared in accordance with Section 3.1 of this Agreement; or (xiii) the Transaction is charged back to Acquirer for any other reason pursuant to Card Association rules and regulations. (b) In the event Xxxxxxxx believes a chargeback to be improper, Xxxxxxxx must notify Acquirer of this in writing within the twenty (20) calendar days of the date of the chargeback or forfeit its right to contest the chargeback. (c) Except Amex shall retain the Discount with regard to Charges for which Amex exercises its right to Chargeback. (d) Amex will have other rights to Chargeback as provided in the case this Agreement. (e) Amex's rights to Chargeback will survive termination of chargebacks that are based solely on the Merchant's failure to obtain an authorization, Acquirer may chargeback a Transaction in accordance with this Section even if an authorization was obtained in connection with the TransactionAgreement.

Appears in 1 contract

Samples: Affiliate Member Agreement

Chargeback. (a) Under The Bank shall be entitled at any one time to refuse total or more partial payment to the Merchant or, if the payment has been made, and/or to debit/hold the account of the Merchant with such amount and/or to seek immediate reimbursement from the Merchant for any amount already paid to the Merchant in the event of a breach by the Merchant of any of the terms and conditions of this Agreement including but not limited to any of the following circumstances, Acquirer may situations; a. The transaction is for any reason unlawful or unenforceable; b. The cardholder’s signature is missing; c. The cardholder’s signature on the charge back slip or any other document required to Merchant any Transaction record that Acquirer has accepted, and Xxxxxxxx shall repay Acquirer the amount represented be signed by the Transaction record plus any associated fees and/or fines: (i) cardholder in relation to the Transaction record transaction is a forgery or any material information the cardholder’s signature on a sales slip (such as the account number, expiration date of document does not match the Card, Merchant description, Transaction amount, or date) is illegible, incomplete, or otherwise indiscernible, is not endorsed, or is not delivered to Acquirer within signature on the required time limitscard used for the transaction; (ii) the Transaction was one which received a negative account verification service response (or would have received a negative account verification service response if Xxxxxxxx had contacted the service on the Transaction date) and Merchant did not reject the Transaction or receive prior authorization for the Transaction, as applicable; (iii) electronic authorization was available and Merchant failed to authorize electronically; (iv) in a key‐entered card present Transaction the sales slip does not contain the required imprint of a Card that was valid, effective, and unexpired on the Transaction date; (v) the Transaction was one for which prior credit authorization was required and prior credit authorization was not obtained, or a valid authorization number is not correctly and legibly included on the Transaction record; (vi) the Transaction record is a duplicate of an item previously paid, or is one of two or more Transaction records generated in a single Transaction in violation of this Agreement; (vii) the cardholder disputes the execution of the Transaction record, the sale, delivery, quality, or performance of the goods or services purchased, or alleges that a credit adjustment was requested and reissued or that a credit adjustment was issued by Xxxxxxxx but not posted to the cardholder's account; (viii) the price of the goods or services shown on the Transaction record differs from the amount shown on the d. The copy of the sales slip or invoice of the receipt delivered Merchant or any other document required to be signed by the cardholder in relation to the customer transaction presented to the Bank or retained by the Merchant is incompatible with any copy provided to the cardholder; e. Cardholder’s account number is found to be omitted, incomplete or invalid or cardholder’s account number is not imprinted on the charge record form; f. The card presented to the Merchant in respect of the transaction has been altered or had not yet become valid or had expired at the time of the Transactiontransaction; g. The card presented to the Merchant in respect of the transaction was listed in a warning list or any other communication or advice (ixin whatever form) Acquirer reasonably determines that Merchant has violated any term, condition, covenant, warranty, from time to time issued or other provisions made available by or on behalf of this Agreement the Bank to the Merchant; h. The price charged to the cardholder was in connection with excess of the Transaction record price at which the goods supplied or the Transaction to which it relatesservices performed were provided by the Merchant for cash; i . The sales price was in excess of the floor limit and no prior authority therefore was obtained from the Bank; (x) Acquirer reasonably determines that j. The goods and/or services covered by the Transaction record transaction are rejected or returned or the transaction or part thereof is fraudulent invalid, cancelled or that terminated by a cardholder or if the related Transaction is not a bona fide Transaction in Merchant’s ordinary course of business, or is subject to any claim of illegality, cancellation, rescission, avoidance, or offset for any reason whatsoever, including without limitation negligence, fraud, or dishonesty on the part of Merchant or Merchant's agents or employees; (xi) the Transaction record arises from a mail or telephone order Transaction or eCommerce Transaction which the cardholder disputes entering into or authorizing, or which involves an account number that never existed or that has expired and has not been renewed; (xii) Merchant fails to provide any sales slip at all or credit slip to Acquirer in accordance with Section 3.1 of this Agreement; or (xiii) the Transaction is charged back cardholder’s satisfaction, goods and/ or services to Acquirer for any other reason pursuant to Card Association rules and regulations. (b) In the event Xxxxxxxx believes a chargeback to be improper, Xxxxxxxx must notify Acquirer of this in writing within the twenty (20) calendar days of the date of the chargeback or forfeit its right to contest the chargeback. (c) Except in the case of chargebacks that are based solely on the Merchant's failure to obtain an authorization, Acquirer may chargeback a Transaction in accordance with this Section even if an authorization was obtained in connection with the Transaction.cardholder;

Appears in 1 contract

Samples: Merchant Agreement

Chargeback. (a) Under a. MERCHANT agrees that BDO shall have the right to Chargeback any one or more amount which has already been paid for by BDO in any of the following circumstancesinstances: In case of MERCHANT’s failure to comply with any of its obligations under this Agreement, Acquirer may charge back In case of any Cardholder dispute with respect to Merchant the transaction which is not resolved within five (5) banking days period referred to in Section 8, MERCHANT refuses to pay any Transaction record that Acquirer has acceptedoutstanding obligation to BDO such as, but not limited to, obligation arising from imposition of penalties or damaged/lost POS Terminals, Failure of MERCHANT to submit Sales Slips whenever required by BDO, or Failure of MERCHANT to state accurate transaction details on the merchant initiated refund request which resulted to financial losses to BDO. BDO shall issue the corresponding Chargeback advice to MERCHANT, and Xxxxxxxx MERCHANT agrees to receive said Chargeback which BDO shall repay Acquirer the amount represented by the Transaction record plus any associated fees and/or fines: (i) the Transaction record or any material information on a sales slip (such as the account numberdeduct against future payments of xxxxxxxx, expiration date of the Card, Merchant description, Transaction amountif any, or date) otherwise billed to MERCHANT in accordance with paragraph c. below. b. MERCHANT agrees that BDO shall have the right to Chargeback in case the Sales Slip paid for by BDO pertains to a Sales Slip and/or transactions described below: The Sales Slip has been altered, erased or proven by Cardholder to have been drawn fraudulently or fictitiously and without his authority. The Sales Slip is illegible, incomplete, unsigned (except for Sales Slip under No Signature Program) or otherwise indiscernible, is not endorsedbelongs to a card issuer other than those serviced by BDO, or is the card was not delivered to Acquirer within imprinted on the required time limits; (ii) Sales Slip. The Sales Slip was issued for sale of goods, merchandise, services, or any other use of the Transaction was one which received card that constitutes a negative account verification service response (crime or an illegal act or would have received involve a negative account verification service response if Xxxxxxxx had contacted violation of law or the service on the Transaction date) and Merchant did rules or regulations of any government agency. The Sales Slip issued does not reject the Transaction or receive prior authorization for the Transactioncontain Cardholder’s signature, as applicable; (iii) electronic authorization was available and Merchant failed to authorize electronically; (iv) in a key‐entered , or card present Transaction the sales slip number or it does not contain appear that MERCHANT exercised reasonable diligence in verifying that the required imprint purchaser presenting the card is the authorized signatory and the named Cardholder or the Sales Slip indicates as Suspicious Purchase. Any scheme or design which may be considered by BDO as analogous or similar to any of the situations enumerated above. c. Upon issuance of the Chargeback advice, BDO will deduct the Chargeback amount from the Net Deposit of the MERCHANT. If there is no Net Deposit due to the MERCHANT, MERCHANT irrevocably authorizes BDO to deduct/o"set the Chargeback amount due without the need of demand or notice or any further act or deed, against the Designated Account, if any, check payments or any account, money, securities and things of value which are now or may hereafter be in the hands of BDO or any of its subsidiaries or a Card that was validliates or parent company, effectivewithout prejudice to BDO’s right to pursue collection of the Chargeback amount from MERCHANT by other legal means in case deductions/ o"setting is not possible. For the foregoing purposes, the MERCHANT hereby waives his/her/its rights under R.A. No. 1405 (The Bank Secrecy Act of 1955), as amended, Section 55 of R.A. No. 8791 (The General Banking Law of 2000), as amended, R.A. No. 6426 (Foreign Currency Deposit Act of the Philippines of 1974), as amended, and unexpired on other laws/regulation, relative to the Transaction date; (v) confidentiality or secrecy of the Transaction was one for which prior credit authorization was required bank deposits/accounts, placements, instruments and prior credit authorization was not obtained, similar or related assets in the custody of BDO or any of its subsidiaries or a valid authorization number liates or parent company. d. If MERCHANT fails to make timely payment of the Chargeback, thereby resulting in Cardholder’s billing dispute, inquiry or imposition of finance charge and/or late payment charge which would not have been imposed otherwise, MERCHANT shall reimburse BDO for any expense and charges thereby incurred, including but not limited to the amount of any such refund. e. Failure of MERCHANT to settle all transactions daily or submit Sales Slips together with Sales Summary Sheet immediately resulting in chargeback will be for the full account of the MERCHANT. Any Chargeback amount not paid or settled when due shall be subject to penalty interest at the prevailing market rate at the time the Chargeback amount is not correctly and legibly included due, as determined by BDO. f. For closed or inactive merchants who opt to pay the outstanding Chargeback, the Chargeback amount should be inclusive of the applicable tax. The provision on Chargeback shall survive the Transaction record; (vi) the Transaction record is a duplicate of an item previously paid, or is one of two or more Transaction records generated in a single Transaction in violation termination of this Agreement; (vii) the cardholder disputes the execution of the Transaction record, the sale, delivery, quality, or performance of the goods or services purchased, or alleges that a credit adjustment was requested and reissued or that a credit adjustment was issued by Xxxxxxxx but not posted to the cardholder's account; (viii) the price of the goods or services shown on the Transaction record differs from the amount shown on the copy of the sales slip or the receipt delivered to the customer at the time of the Transaction; (ix) Acquirer reasonably determines that Merchant has violated any term, condition, covenant, warranty, or other provisions of this Agreement in connection with the Transaction record or the Transaction to which it relates; (x) Acquirer reasonably determines that the Transaction record is fraudulent or that the related Transaction is not a bona fide Transaction in Merchant’s ordinary course of business, or is subject to any claim of illegality, cancellation, rescission, avoidance, or offset for any reason whatsoever, including without limitation negligence, fraud, or dishonesty on the part of Merchant or Merchant's agents or employees; (xi) the Transaction record arises from a mail or telephone order Transaction or eCommerce Transaction which the cardholder disputes entering into or authorizing, or which involves an account number that never existed or that has expired and has not been renewed; (xii) Merchant fails to provide any sales slip or credit slip to Acquirer in accordance with Section 3.1 of this Agreement; or (xiii) the Transaction is charged back to Acquirer for any other reason pursuant to Card Association rules and regulations. (b) In the event Xxxxxxxx believes a chargeback to be improper, Xxxxxxxx must notify Acquirer of this in writing within the twenty (20) calendar days of the date of the chargeback or forfeit its right to contest the chargeback. (c) Except in the case of chargebacks that are based solely on the Merchant's failure to obtain an authorization, Acquirer may chargeback a Transaction in accordance with this Section even if an authorization was obtained in connection with the Transaction.

Appears in 1 contract

Samples: Merchant Agreement

Chargeback. (a) Under a. Notwithstanding any one provision of this agreement to the contrary or more any authorization given in relation to such Card Transaction, MCC shall be entitled, without giving any reason, to refuse payment to the MERCHANT of all or part of any amount of any Card Transaction less the discount and less applicable taxes, in case of any of the following circumstances, Acquirer may charge back to Merchant any Transaction record that Acquirer has accepted, and Xxxxxxxx shall repay Acquirer the amount represented by the Transaction record plus any associated fees and/or finesevents (each a Chargeback Event) occurs: (i) the Transaction record or any material information on a sales slip (such as the account number, expiration date of the Card, Merchant description, Transaction amount, or date) is illegible, incomplete, or otherwise indiscernible, is not endorsed, or is not delivered to Acquirer within the required time limits; (ii) the Transaction was one which received a negative account verification service response (or would have received a negative account verification service response if Xxxxxxxx had contacted the service on the Transaction date) and Merchant did not reject the Transaction or receive prior authorization for the Transaction, as applicable; (iii) electronic authorization was available and Merchant failed to authorize electronically; (iv) in a key‐entered card present Transaction the sales slip does not contain the required imprint of a Card that was valid, effective, and unexpired on the Transaction date; (v) the Transaction was one for which prior credit authorization was required and prior credit authorization was not obtained, or a valid authorization number is not correctly and legibly included on the Transaction record; (vi) the Transaction record is a duplicate of an item previously paid, or is one of two or more Transaction records generated in a single Transaction in violation of this Agreement; (vii) the cardholder i. The Cardholder disputes the execution of the Transaction record, the sale, deliverynature, quality, use or performance fitness of the goods or sold and/or services purchasedrendered under the Card Transaction, or alleges that a credit adjustment was requested the MERCHANT has breached the terms of the contract of sale or service entered into between the MERCHANT and reissued the Cardholder or that a credit adjustment was issued any representation or warranty made by Xxxxxxxx but not posted the MERCHANT to the cardholder's accountCardholder; (viii) ii. The Cardholder disputes or denies that the price Card Transaction was effected by him or the contract of sale or service with the MERCHANT was entered into by him or delivery of the goods sold and/or performance of the services rendered under the Card Transaction was received by him; iii. MCC shall refer to the MERCHANT all transaction/s disputed by the Cardholder and MERCHANT undertakes to resolve the dispute with the Cardholder within five (5) business days upon receipt of advice from MCC. Disputed transaction(s) which the MERCHANT has failed to resolve within the aforestated period shall be automatically charged back by MCC to the MERCHANT. PLEASE SIGN ON ALL PAGES iv. The contract of sale or service entered into between the MERCHANT and the Cardholder in relation to the goods and/or services shown on rendered under the Card Transaction is void or voidable at law or the use of the Credit Card or the performance of any person’s obligation’s under such contract of sale or service involves any illegal or unlawful act; v. Payment in relation to the Card Transaction has been mistakenly or wrongly made by MCC or the Cardholder to the MERCHANT; vi. No authorization and/or authorization code numbers were sought by and/or granted to the MERCHANT for the Card Transaction as required under this agreement; vii. The Credit Card used for the Card Transaction is not a valid Credit Card and/or has been listed in any warning bulletin; viii. The Cardholder alleges that the Transaction record differs from Draft or Charge Slips has been drawn or altered without his consent or authority; ix. The Transaction Draft / Charge Slips is not signed by the amount shown on Cardholder or any part of it is illegible; x. The copy of any Transaction Draft/Charge Slips or any document required to be signed by the Cardholder in relation to any Card Transaction presented to MCC or retained by the MERCHANT is not identical to the copy of the sales slip same as given to the Cardholder; xi. The MERCHANT does not furnish MCC the original copy of the Transaction Draft/Charge Slip or a copy of it, invoice or other document or record relating to the Card Transaction forthwith upon request of MCC; xii. The MERCHANT does not comply with any of its obligations or the receipt delivered requirements under this agreement in relation to the customer at the time of the Transactionany Card Transaction or any security measures or guidelines relating to this agreement issued by MCC; (ix) Acquirer reasonably determines that Merchant xiii. There has violated been a breach by the MERCHANT of any term, condition, covenant, warrantyother of its obligations under this agreement not specified herein, or of any other provisions agreement entered into between the MERCHANT and MCC or of any other obligation whatsoever owed by the MERCHANT to MCC, whether or not related to this Agreement in connection with the Transaction record or the Transaction to which it relatesagreement; (x) Acquirer reasonably determines that xiv. The MERCHANT processed the same Card Transaction record is fraudulent or that the related Transaction is not a bona fide Transaction in Merchant’s ordinary course of business, or is subject to any claim of illegality, cancellation, rescission, avoidance, or offset for any reason whatsoever, including without limitation negligence, fraud, or dishonesty on the part of Merchant or Merchant's agents or employees; (xi) the Transaction record arises from a mail or telephone order Transaction or eCommerce Transaction which the cardholder disputes entering into or authorizing, or which involves an account number that never existed or that has expired and has not been renewed; (xii) Merchant fails to provide any sales slip or credit slip to Acquirer in accordance with Section 3.1 of this Agreementmore than once; or xv. The occurrence of fraud and other events determined by Visa International, MasterCard International or any other issuer of any Credit Card and notified by MCC as a Chargeback Event. b. If any of the foregoing Chargeback Event occurs, MCC has the right not to accept the transactions and chargeback such to the MERCHANT via a Chargeback Advice. c. The amount corresponding to the Chargeback (xiii“Chargeback Amount”) shall first be applied by MCC against the Transaction future xxxxxxxx of the MERCHANT. If no sum or payment is charged back due to Acquirer the MERCHANT that will allow MCC to deduct/set-off the Chargeback Amount, MCC shall seek reimbursement from the MERCHANT of the Chargeback Amount, upon which the MERCHANT shall reimburse MCC immediately upon receipt of a demand. If despite receipt of such demand, MERCHANT fails to reimburse MCC, MERCHANT hereby expressly authorizes MCC to deduct the Chargeback Amount due without need of demand or any further act or deed, against any money, securities and things of value which are now or may hereinafter be in the possession of MCC or any of its subsidiaries and affiliates. d. MCC shall also enjoy and exercise preferential lien on the stocks, inventories, properties, banks accounts and all other forms of monetary deposits and investments of the MERCHANT. Accordingly, upon failure of the MERCHANT to reimburse MCC for any duly paid Transaction Draft or Sales Slip, whether arising from a Chargeback Advice or such other reason pursuant amount due to Card Association rules MCC under this Agreement, MCC is fully authorized and regulations. (b) In empowered by the event Xxxxxxxx believes a chargeback MERCHANT as its attorney-in-fact to be improper, Xxxxxxxx must notify Acquirer of this in writing within the twenty (20) calendar days take possession of the date MERCHANT’s stock inventories and properties, to forthwith sell the same at public auction or private sale, and to apply the proceeds thereof in payment of the chargeback or forfeit its right MERCHANT’s unpaid obligations and expenses of sale; Provided, however, that any excess shall be turned over to contest the chargebackMERCHANT. (c) Except in the case of chargebacks that are based solely on the Merchant's failure to obtain an authorization, Acquirer may chargeback a Transaction in accordance with this Section even if an authorization was obtained in connection with the Transaction.

Appears in 1 contract

Samples: Merchant Agreement

Chargeback. (a) Under The Bank shall be entitled at any one time to refuse total or more partial payment to the Merchant or, if the payment has been made, and/or to debit/hold the account of the Merchant with such amount and/or to seek immediate reimbursement from the Merchant for any amount already paid to the Merchant in the event of a breach by the Merchant of any of the terms and conditions of this Agreement including but not limited to any of the following circumstances, Acquirer may situations; a) The transaction is for any reason unlawful or unenforceable; b) The cardholder’s signature is missing; c) The cardholder’s signature on the charge back slip or any other document required to Merchant any Transaction record that Acquirer has accepted, and Xxxxxxxx shall repay Acquirer the amount represented be signed by the Transaction record plus any associated fees and/or fines: (i) cardholder inrelation to the Transaction record transaction is a forgery or any material information the cardholder’s signature on a sales slip (such as the account number, expiration date of document does not match the Card, Merchant description, Transaction amount, or date) is illegible, incomplete, or otherwise indiscernible, is not endorsed, or is not delivered to Acquirer within signature on the required time limitscard used for the transaction; (iid) the Transaction was one which received a negative account verification service response (or would have received a negative account verification service response if Xxxxxxxx had contacted the service on the Transaction date) and Merchant did not reject the Transaction or receive prior authorization for the Transaction, as applicable; (iii) electronic authorization was available and Merchant failed to authorize electronically; (iv) in a key‐entered card present Transaction the sales slip does not contain the required imprint of a Card that was valid, effective, and unexpired on the Transaction date; (v) the Transaction was one for which prior credit authorization was required and prior credit authorization was not obtained, or a valid authorization number is not correctly and legibly included on the Transaction record; (vi) the Transaction record is a duplicate of an item previously paid, or is one of two or more Transaction records generated in a single Transaction in violation of this Agreement; (vii) the cardholder disputes the execution of the Transaction record, the sale, delivery, quality, or performance of the goods or services purchased, or alleges that a credit adjustment was requested and reissued or that a credit adjustment was issued by Xxxxxxxx but not posted to the cardholder's account; (viii) the price of the goods or services shown on the Transaction record differs from the amount shown on the The copy of the sales slip or invoice of the receipt delivered Merchant or any other document required to be signed by the cardholder in relation to the customer transaction presented to the Bank or retained by the Merchant is incompatible with any copy providedto the cardholder; e) Cardholder’s account number is found to be omitted, incomplete or invalid or cardholder’s account number is not imprinted on the charge record form; f) The card presented to the Merchant in respect of the transaction has been altered or had not yet become valid or had expired at the time of the Transactiontransaction; g) The card presented to the Merchant in respect of the transaction was listed in a warning list or any other communication or advice (ixin whatever form) Acquirer reasonably determines that Merchant has violated any term, condition, covenant, warranty, from time to time issued or other provisions made available by or on behalf of this Agreement the Bankto the Merchant; h) The price charged to the cardholder was in connection with excess of the Transaction record price at which the goods supplied or the Transaction to which it relatesservices performed were provided by the Merchant for cash; (xi) Acquirer reasonably determines that The sales price was in excess of the Transaction record is fraudulent or that floor limit and no prior authority therefore was obtained from the related Transaction is not a bona fide Transaction in Merchant’s ordinary course of business, or is subject to any claim of illegality, cancellation, rescission, avoidance, or offset for any reason whatsoever, including without limitation negligence, fraud, or dishonesty on the part of Merchant or Merchant's agents or employeesBank; (xij) The goods and/or services covered by the Transaction record arises from transaction are rejected or returned or the transaction or part thereof is invalid, cancelled or terminated by a mail cardholder or telephone order Transaction or eCommerce Transaction which if the cardholder disputes entering into or authorizing, or which involves an account number that never existed or that has expired and has not been renewed; (xii) Merchant fails to provide at all or to the cardholder’s satisfaction, goods and/ or services to the cardholder; k) The charge record form or any sales slip part thereof is illegible, incomplete or credit slip to Acquirer in accordance with Section 3.1 of this Agreement; or (xiii) the Transaction is charged back to Acquirer for any other reason pursuant to Card Association rules and regulations. (b) In the event Xxxxxxxx believes a chargeback to be improper, Xxxxxxxx must notify Acquirer of this in writing within the twenty (20) calendar days of the date of the chargeback unsigned or forfeit its right to contest the chargeback. (c) Except in the case of chargebacks that are based solely on the Merchant's failure to obtain an authorization, Acquirer may chargeback a Transaction not prepared or completed or submitted in accordance with this Section even if an authorization was obtained Agreement; l) The cardholder disputes the nature, quality or quantity of the goods and/or services covered by the transaction; m) Any information presented electronically to the Bank in connection respect of the transaction is not received in accordance with this Agreement; n) The Bank has requested evidence in accordance with Clause 22 in relation to the Transaction.transaction which the Merchant hasfailed to provide; o) The transaction information required to be presented in respect of the transaction is not presented to the Bank withinthe agreed time; p) The cardholder disputes or denies the transaction or the sale or delivery of goods and/or services covered by thetransaction within reason;

Appears in 1 contract

Samples: Merchant Agreement for Point of Sale Facility

Chargeback. (a) Under 15.1 The Bank shall be entitled at any one time to refuse total or more partial payment to the Merchant or if payment has been made, to debit the Merchants Account with such amount or to seek immediate reimbursement from the Merchant, notwithstanding any authorization and/or authorization code numbers given by the Bank to the Merchant, in any of the following circumstances, Acquirer may charge back situations; a) The Transaction is for any reason unlawful or unenforceable; b) Cardholder’s signature is missing when signature is required; c) the Cardholder's signature on the Sales Slip or credit card slip or any other document required to Merchant any Transaction record that Acquirer has accepted, and Xxxxxxxx shall repay Acquirer the amount represented be signed by the Transaction record plus any associated fees and/or fines: (i) Cardholder/Customer in relation to the Transaction record transaction is a forgery or any material information the Cardholder's signature on a sales the credit card slip (such as or the account number, expiration date of document does not match the Card, Merchant description, Transaction amount, or date) is illegible, incomplete, or otherwise indiscernible, is not endorsed, or is not delivered to Acquirer within signature on the required time limitsCard used for the transaction; (iid) the Transaction was one which received a negative account verification service response (or would have received a negative account verification service response if Xxxxxxxx had contacted the service on the Transaction date) and Merchant did not reject the Transaction or receive prior authorization for the Transaction, as applicable; (iii) electronic authorization was available and Merchant failed to authorize electronically; (iv) in a key‐entered card present Transaction the sales slip does not contain the required imprint of a Card that was valid, effective, and unexpired on the Transaction date; (v) the Transaction was one for which prior credit authorization was required and prior credit authorization was not obtained, or a valid authorization number is not correctly and legibly included on the Transaction record; (vi) the Transaction record is a duplicate of an item previously paid, or is one of two or more Transaction records generated in a single Transaction in violation of this Agreement; (vii) the cardholder disputes the execution of the Transaction record, the sale, delivery, quality, or performance of the goods or services purchased, or alleges that a credit adjustment was requested and reissued or that a credit adjustment was issued by Xxxxxxxx but not posted to the cardholder's account; (viii) the price of the goods or services shown on the Transaction record differs from the amount shown on the copy of the sales slip Sales Slip or terminal receipt or any other document required to be signed by the receipt delivered Customer in relation to the customer transaction presented to the Bank or retained by the Merchant is incompatible with any copy provided to the Customer; e) Cardholder's account number is found to be omitted, incomplete or invalid, or Cardholder's account number is not imprinted; f) the Card presented to the Merchant in respect of the Transaction has been altered or had not yet become valid or had expired at the time of the Transaction; g) the Card presented to the Merchant in respect of the Transaction was listed in a warning list or any other communication or advice (ixin whatever form) Acquirer reasonably determines that from time to time issued or made available by or on behalf of the Bank to the Merchant; h) The price charged to the Customer was in excess of the price at which the goods supplied or the services performed were supplied by the Merchant for cash; i) The sales price was in excess of the Floor limit and no prior authority thereof was obtained from the Bank; j) The Merchant fails to provide at all or to the Cardholder's satisfaction, goods and/or services to the Cardholder where the goods and/or services covered by the transaction are rejected or returned or the transaction or part thereof, is validly cancelled or terminated by a Cardholder; k) The Sales Slip or credit card slip or any part thereof is illegible, incomplete or unsigned or not prepared or completed or submitted in accordance with this Agreement; l) the Cardholder disputes the nature, quality or quantity of the goods and/or services covered by the Transaction; m) any information presented electronically to the Bank in respect of the Transaction, is not received in accordance with the Bank's requirements from time to time; n) the Bank has requested evidence in accordance with Clause 21 in relation to the Transaction which the Merchant has violated failed to provide; o) there has been any term, condition, covenant, warranty, or other provisions departure from the terms of this Agreement in relation to that Transaction; p) the Transaction information required as per Clause 11 to be presented in respect of the Transaction is not presented to the Bank within seven (7) days of the Transaction; q) the Cardholder disputes or denies the Transaction or the sale or delivery of goods and/or services covered by the Transaction within reasons; r) in seeking authorization for a Transaction, the Merchant has given an incorrect Cardholder's name or Card account numbers to the Bank; s) there has been a breach by the Merchant of this Agreement, other than the breaches more specifically provided in this sub-clause, in connection with the Transaction record or the Transaction to which it relatesSales Slip or otherwise; t) Transaction is posted more than once to Cardholder's account due to the deposit of incorrect copy of Sales Slip (copy other than Bank copy) by the Merchant; u) the Bank reasonably believes that the Transactions are irregular; v) the Bank reasonably believes that there are suspicious circumstances surrounding the Transaction; w) the Bank reasonably believes that the submission is out of the normal pattern; x) Acquirer reasonably determines that the Transaction record is fraudulent or that Issuing Institute refuses to honor the related Transaction is not a bona fide Transaction in Sales Slips presented by the Merchant’s ordinary course of business, or is subject to any claim of illegality, cancellation, rescission, avoidance, or offset for any reason whatsoever, including without limitation negligence, fraud, or dishonesty on the part of Merchant or Merchant's agents or employees; (xiy) the Transaction record arises from a mail or telephone order Transaction or eCommerce Transaction which the cardholder disputes entering into or authorizing, or which involves an account number that never existed or that has expired and has not been renewed; (xii) Merchant fails to provide any sales slip or credit slip to Acquirer in accordance with Section 3.1 of this Agreement; or (xiii) the Transaction is charged back to Acquirer for any other reason pursuant to Card Association rules and regulations. (b) In the event Xxxxxxxx believes a chargeback to be improper, Xxxxxxxx must notify Acquirer of this in or writing within the twenty (20) calendar days of shall have occurred at the date of the chargeback Transaction; z) notwithstanding the provisions of Clause 5.1 and 5.2 hereof, the circumstances of the Transaction were so suspicious that the Merchant should have realized that the Card is a counterfeit or forfeit its right to contest the chargeback. (c) Except in the case of chargebacks that are based solely on the Merchant's failure to obtain an authorization, Acquirer may chargeback a Transaction in accordance with this Section even if an authorization was obtained in connection with stolen and should have therefore declined the Transaction. 15.2 Where the Merchant fails to comply with a demand by the Bank to pay the sum due to the Bank as a result of Chargeback rights under the Clause 15, the Bank may have the right to set-off and/or deduct the Chargeback amount as specified in Clause 13.4 of this Merchant Agreement.

Appears in 1 contract

Samples: Merchant Agreement

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Chargeback. (a) Under The Bank shall be entitled at any one time to refuse total or more partial payment to the Merchant or, if the payment has been made, and/or to debit/hold the account of the Merchant with such amount and/or to seek immediate reimbursement from the Merchant for any amount already paid to the Merchant in the event of a breach by the Merchant of any of the terms and conditions of this Agreement including but not limited to any of the following circumstances, Acquirer may charge back situations; a) The transaction is for any reason unlawful or unenforceable; b) The sales notification or invoice of the Merchant or any other document required to Merchant any Transaction record that Acquirer has accepted, and Xxxxxxxx shall repay Acquirer the amount represented be signed by the Transaction record plus cardholder in relation to the transaction presented to the Bank or retained by the Merchant is incompatible with any associated fees and/or fines:sales notification providedto the cardholder; (ic) The card presented to the Transaction record or any material information on a sales slip (such as the account number, expiration date Merchant in respect of the Card, Merchant description, Transaction amount, transaction has been altered or date) is illegible, incomplete, had not yet become valid or otherwise indiscernible, is not endorsed, or is not delivered to Acquirer within the required time limits; (ii) the Transaction was one which received a negative account verification service response (or would have received a negative account verification service response if Xxxxxxxx had contacted the service on the Transaction date) and Merchant did not reject the Transaction or receive prior authorization for the Transaction, as applicable; (iii) electronic authorization was available and Merchant failed to authorize electronically; (iv) in a key‐entered card present Transaction the sales slip does not contain the required imprint of a Card that was valid, effective, and unexpired on the Transaction date; (v) the Transaction was one for which prior credit authorization was required and prior credit authorization was not obtained, or a valid authorization number is not correctly and legibly included on the Transaction record; (vi) the Transaction record is a duplicate of an item previously paid, or is one of two or more Transaction records generated in a single Transaction in violation of this Agreement; (vii) the cardholder disputes the execution of the Transaction record, the sale, delivery, quality, or performance of the goods or services purchased, or alleges that a credit adjustment was requested and reissued or that a credit adjustment was issued by Xxxxxxxx but not posted to the cardholder's account; (viii) the price of the goods or services shown on the Transaction record differs from the amount shown on the copy of the sales slip or the receipt delivered to the customer expired at the time of the Transactiontransaction; d) The card presented to the Merchant in respect of the transaction was listed in a warning list or any other communication or advice (ixin whatever form) Acquirer reasonably determines that Merchant has violated any term, condition, covenant, warranty, from time to time issued or other provisions made available by or on behalf of this Agreement the Bank to the Merchant; e) The price charged to the cardholder was in connection with excess of the Transaction record price at which the goods supplied or the Transaction to which it relatesservices performed were provided by the Merchant for cash; (xf) Acquirer reasonably determines that The sales price was in excess of the Transaction record is fraudulent or that floor limit and no prior authority therefore was obtained from the related Transaction is not a bona fide Transaction in Merchant’s ordinary course of business, or is subject to any claim of illegality, cancellation, rescission, avoidance, or offset for any reason whatsoever, including without limitation negligence, fraud, or dishonesty on the part of Merchant or Merchant's agents or employeesBank; (xig) The goods and/or services covered by the Transaction record arises from transaction are rejected or returned or the transaction or part thereof is invalid, cancelled or terminated by a mail cardholder or telephone order Transaction or eCommerce Transaction which if the cardholder disputes entering into or authorizing, or which involves an account number that never existed or that has expired and has not been renewed; (xii) Merchant fails to provide any sales slip at all or credit slip to Acquirer in accordance with Section 3.1 of this Agreement; orthe cardholder’s satisfaction, goods and/ or services to the cardholder; (xiiih) The cardholder disputes the Transaction is charged back to Acquirer for any other reason pursuant to Card Association rules and regulations. (b) In the event Xxxxxxxx believes a chargeback to be impropernature, Xxxxxxxx must notify Acquirer of this in writing within the twenty (20) calendar days quality or quantity of the date goods and/or services covered by the transaction; i) Any information presented electronically to the Bank in respect of the chargeback or forfeit its right to contest the chargeback. (c) Except in the case of chargebacks that are based solely on the Merchant's failure to obtain an authorization, Acquirer may chargeback a Transaction transaction is not received in accordance with this Section even if Agreement; j) The Bank has requested evidence in accordance in relation to the transaction which the Merchant has failed to provide; k) The transaction information required to be presented in respect of the transaction is not presented to the Bank within the agreed time; l) The cardholder disputes or denies the transaction or the sale or delivery of goods and/or services covered by thetransaction within reason; m) seeking authorization for a transaction the Merchant has given an authorization was obtained in connection with incorrect cardholder’s name or card accountnumbers to the Transaction.Bank; n) Transaction is charged more than once to cardholder’s account due to the deposit of an incorrect charge record form by the Merchant; o) The Bank reasonably believes that the transactions are irregular; p) The Bank is of the opinion that there are suspicious circumstances surrounding the transaction; q) The Bank is of the opinion that the submission of the transaction information by the Merchant is out of the normal pattern r) The issuing Bank refuses to honor the sales presented by the Merchant s) Notwithstanding the provisions of Clause 5 hereof, the circumstances of the transaction were so suspicious that the Merchant should have realized that the card is a counterfeit or stolen and should have therefore declined the transaction;

Appears in 1 contract

Samples: Merchant Agreement for Mpos and Soft Pos Facility

Chargeback. (a) Under a. The MERCHANT agrees that, in case of its failure to comply with any one or more of the following circumstancesconditions and procedures stipulated herein, Acquirer BPI has the right not to accept the transaction, or to implement Chargeback for paid transactions. b. From time to time, BPI may charge back receive requests for information/copies of Transaction Receipts, TIDs, or Charge Slips from issuing banks and/or Cardholders. To address these requests, MERCHANT undertakes to Merchant any provide BPI with copies of Transaction record that Acquirer has accepted, and Xxxxxxxx shall repay Acquirer the amount represented by the Transaction record plus any associated fees and/or fines: (i) the Transaction record Receipts/TIDs or any material information on a sales slip (such as the account number, expiration date Charge Slips to prove authenticity of the Card, Merchant description, Transaction amount, or datetransaction within ten (10) is illegible, incomplete, or otherwise indiscernible, is not endorsed, or is not delivered to Acquirer within the required time limits; (ii) the Transaction was one which received a negative account verification service response (or would have received a negative account verification service response if Xxxxxxxx had contacted the service on the Transaction date) and Merchant did not reject the Transaction or receive prior authorization for the Transaction, as applicable; (iii) electronic authorization was available and Merchant failed to authorize electronically; (iv) in a key‐entered card present Transaction the sales slip does not contain the required imprint of a Card that was valid, effective, and unexpired on the Transaction date; (v) the Transaction was one for which prior credit authorization was required and prior credit authorization was not obtained, or a valid authorization number is not correctly and legibly included on the Transaction record; (vi) the Transaction record is a duplicate of an item previously paid, or is one of two or more Transaction records generated in a single Transaction in violation of this Agreement; (vii) the cardholder disputes the execution of the Transaction record, the sale, delivery, quality, or performance of the goods or services purchased, or alleges that a credit adjustment was requested and reissued or that a credit adjustment was issued by Xxxxxxxx but not posted to the cardholder's account; (viii) the price of the goods or services shown on the Transaction record differs Days from the amount shown on the copy of the sales slip or the receipt delivered to the customer at the time of the Transaction; (ix) Acquirer reasonably determines that Merchant has violated any term, condition, covenant, warranty, or other provisions of this Agreement in connection with the Transaction record or the Transaction to which it relates; (x) Acquirer reasonably determines that the Transaction record is fraudulent or that the related Transaction is not a bona fide Transaction in Merchant’s ordinary course of business, or is subject to any claim of illegality, cancellation, rescission, avoidance, or offset for any reason whatsoever, including without limitation negligence, fraud, or dishonesty on the part of Merchant or Merchant's agents or employees; (xi) the Transaction record arises from a mail or telephone order Transaction or eCommerce Transaction which the cardholder disputes entering into or authorizing, or which involves an account number that never existed or that has expired and has not been renewed; (xii) Merchant fails to provide any sales slip or credit slip to Acquirer in accordance with Section 3.1 of this Agreement; or (xiii) the Transaction is charged back to Acquirer for any other reason pursuant to Card Association rules and regulations. (b) In the event Xxxxxxxx believes a chargeback to be improper, Xxxxxxxx must notify Acquirer of this in writing within the twenty (20) calendar days of the date of the chargeback or forfeit its written request of BPI . BPI reserves the right to contest chargeback the chargebackMERCHANT in full for the latter’s failure to provide copies of Transaction Information Documents requested by BPI, as well as any adjustments/charges /penalties due to MERCHANT’s negligence in responding to BPI’s request, and MERCHANT undertakes to accept said Chargeback which BPI shall offset against future xxxxxxxx. (c) Except c. BPI will deduct the disputed/Chargeback amount from its next payment due to the MERCHANT. If none is due, MERCHANT allows BPI to offset the Chargeback amount from the proceeds/settlement accounts of the MERCHANT’s other outlets. Otherwise, BPI will issue a collection letter to the MERCHANT, such collection letter to be payable immediately upon receipt, for the face value of the Chargeback amount. MERCHANT also assigns to BPI effective upon its effort to settle the Chargeback, without need of demand, its obligation arising from the Chargeback any money, securities and things of value which are now or may hereafter be in the case hands of chargebacks that are based solely on BPI or any member of the Merchant's failure BPI Group of Companies or any of its subsidiaries or affiliates. d. If the MERCHANT fails to obtain an authorizationmake timely payment of the Chargeback or BPI is unable to Chargeback the MERCHANT’s settlement account, Acquirer may chargeback a Transaction and should result in accordance with this Section even if an authorization was obtained in connection with Cardholder billing dispute, inquiry or BPI’s imposition of finance charge and/or late payment which would have not been imposed otherwise, MERCHANT shall reimburse BPI for any expense thereby incurred, including but not limited to the Transactionamount of any such refund.

Appears in 1 contract

Samples: Merchant Agreement

Chargeback. (a) Under After acceptance by Acquirer and CSI, Merchant shall nevertheless repay Acquirer the amount represented by the transaction record, plus any applicable chargeback or related fee, if Acquirer has been charged back by another financial institution or if any one or more of the following circumstances, Acquirer may charge back to Merchant any Transaction record that Acquirer has accepted, and Xxxxxxxx shall repay Acquirer the amount represented by the Transaction record plus any associated fees and/or finescircumstances exist: (ia) the Transaction The transaction record or any material or information on a sales slip or credit draft (such as as, by way of example only, the account number, expiration date of the Card, Merchant description, Transaction amount, transaction description or date) notation of prior authorization for the transaction amount or date is illegible, incomplete, incomplete or otherwise indiscerniblenot discernible, is not endorsed, endorsed or is not delivered to Acquirer and CSI within the required time limits; (iib) the Transaction The Cardholder account number was one which received a negative account verification service response (declined or would have received a negative account verification service response if Xxxxxxxx had contacted the service was not authorized on the Transaction date) and Merchant did not reject the Transaction or receive prior authorization for the Transaction, as applicable; (iii) electronic authorization was available transaction date and Merchant failed to authorize electronicallyreject the transaction; (ivc) in a key‐entered card present Transaction the The sales slip draft does not contain the required imprint of a Card that was valid, effective, and unexpired on the Transaction transaction date; (vd) the Transaction The transaction was one for which prior credit authorization was required and prior credit authorization was not obtained, obtained or a valid authorization number is not correctly and legibly included on the Transaction transaction record; (vie) the Transaction The transaction record is a duplicate of an item all items previously paid, or is one of two or more Transaction records generated in a single Transaction in violation of this Agreement; (viif) the cardholder The Cardholder disputes the execution of the Transaction transaction record, the sale, delivery, quality, quality or performance of the goods or services purchased, or alleges that a credit adjustment was requested and reissued refused or that a credit adjustment was issued by Xxxxxxxx Merchant but not posted to the cardholderCardholder's account; (viiig) the The price of the goods or services service shown on the Transaction transaction record differs from the amount shown on the copy of the sales slip draft or the receipt delivered to the customer Cardholder at the time of the Transactiontransaction; (ixh) Acquirer and CSI reasonably determines that Merchant has violated any termterms, condition, covenant, warranty, warranty or other provisions provision of this Agreement in connection with the Transaction record Record or the Transaction transaction to which it relates; (xi) Acquirer and CSI reasonably determines that the Transaction record Record is fraudulent or that the related Transaction transaction is not a bona fide Transaction transaction in Merchant’s 's ordinary course of business, or is subject to any claim of illegalityor legality, cancellation, rescission, avoidance, or offset for any reason whatsoever, including without limitation limitation, negligence, fraud, fraud or dishonesty on the part of Merchant or Merchant's agents or employees; (xij) the Transaction The transaction record arises from a mail or telephone order Transaction or eCommerce Transaction transaction which the cardholder Cardholder disputes entering into or authorizing, authorizing or which involves an account number that never existed or that has expired and has not been renewed;; or (xiik) Merchant fails to provide Acquirer and CSI with any sales slip draft or credit slip to Acquirer in accordance with Section 3.1 of this Agreement; or (xiii) the Transaction is charged back to Acquirer for any other reason pursuant to Card Association rules and regulations. (b) In the event Xxxxxxxx believes a chargeback to be improper, Xxxxxxxx must notify Acquirer of this in writing within the twenty (20) calendar days of the date of the chargeback or forfeit its right to contest the chargeback. (c) Except in the case of chargebacks that are based solely on the Merchant's failure to obtain an authorization, Acquirer may chargeback a Transaction draft in accordance with this Section even if an Agreement. Acquirer and CSI shall, within a reasonable time following notice of chargeback of a transaction to Merchant, return to Merchant any sales draft or other evidence of the transaction. (l) Multiple authorization was obtained in connection with the Transactionattempts were made by Merchant for a single transaction. (m) In violation of Visa and MasterCard regulations, Merchant has divided a single transaction.

Appears in 1 contract

Samples: Merchant Agreement (Gary Player Direct Inc)

Chargeback. a. Any Transaction entered by the Merchant in any of the following circumstances shall be the final responsibility of Xxxxxxxx notwithstanding that the Transaction was accepted or paid by Worldline and the Merchant agrees to Worldline charging back of the Transaction without any demur or protest: The payments including but not limited to the following shall be deemed to be un-collectable: i. Transactions which are not in conformity with the provisions of this Terms and Conditions; ii. Transactions using a Card being shown as stolen/captured/pickup as an authorization response; iii. Transactions beyond the validity date shown on the Card; iv. Transactions where the Card is altered or mutilated or the Card face or signature panel strip is not normal; v. Transactions which are fraudulent, collusive, illegal or otherwise irregular in any manner whatsoever; vi. Transactions incurred outside the territory authorised for use of the Card; vii. Transactions where the signature of the Customer on the Chargeslip is not the same as that on the Card; viii. Transactions incurred by forgery of the Customer’s signature on the Chargeslip; ix. Transactions where the Chargeslip is incomplete or illegible as to the name of the Customer or other details or does not bear the proper signature of the Customer or is otherwise irregular; x. Transactions received by Worldline after 5 days of its date appearing on the Chargeslip; xi. Transactions which were previously billed by Xxxxxxxx directly to the Customer; xii. Transactions in excess of the floor limit not separately Authorised; xiii. any charge for merchandise or service sold or provided to the Customer at a price which is in excess of the advertised price or in excess of the price charged to the general public for the goods or service; xiv. Transactions for undelivered merchandise or service; xv. Transactions which the Customer refuses to pay because the merchandise or service were not as promised or were defective; xvi. Transactions where the Customer asserts a claim for set-off or counter claim against the Merchant or disputes his liability for any reason whatsoever; xvii. Transactions where the Transaction is split by the Merchant in more than one Transactions with a view to circumvent the approval parameters of the Issuer; xviii. Transactions in respect of which a Customer’s complaint or request for an adjustment has not been resolved in given time line; and xix. Transactions which are transacted, recorded or submitted otherwise than in accordance with this Terms and Conditions. xx. Any payments involving the alleged forgery or alleged fraudulent usage of the Customer’s Valid Card, or that of the card number, card expiry date, Customer name, transaction amount, etc. of whatsoever nature. In such an event Worldline shall not be required to check the veracity of any alleged fraud and shall be entitled, prima facie, to rely upon the allegation made by the Customer. xxi. Any payment which the Customer refuses to honour or demands a refund of because the Product purchased from the Merchant was not as promised or was defective, deficient, incomplete and /or unsatisfactory for any valid reason whatsoever;. xxii. Any charge/debit which is a Suspect Charge and it is determined after due enquiry and investigation within six (a6) Under months that any Suspect Charge(s) is not a Valid Charge; xxiii. Any charge/debit, the settlement of which is done more than 7 days after the charge/debit was authorized by Worldline to the Merchant. xxiv. Any charge / debit arising out of any alleged hacking, breach of security or encryption (if any) that may be utilized by the Merchant from time to time. xxv. Any charge processed wherein the Merchant fails to provide Worldline with the Proof of Fulfillment within 3 working days (three) from the date of Worldline’s communication to the Merchant requesting the same. xxvi. Any charges without prior authorization of Worldline as provided therein. b. If Worldline is entitled to Chargeback any Transaction or if Worldline is entitled to payment or reimbursement from the Merchant of any amount under this Terms and Conditions, Worldline may at its discretion, give effect to such Chargeback entitlement through any one or more of the following circumstancesmethods: I. deduction of the relevant amount or any part thereof from any account whatsoever of Merchant with any Worldline or the Facility Providers without prejudice or limitation to Worldline ’s right to set-off, Acquirer may charge back transfer and applications of funds in law; II. deduction of the relevant amount or any part thereof from any payments to Merchant; III. billing Merchant for the relevant bill/ amount or any Transaction record that Acquirer has accepted, part thereof and Xxxxxxxx shall repay Acquirer Merchant agreeing to pay the amount represented of the bill forthwith upon receipt of the same without any demur or protest; c. If there is insufficient funds available therein; the Merchant shall on receipt of the e-mail from Worldline and/ or claim from Worldline undertakes forthwith without any demur, protest, dispute or delay, to pay Worldline, the amount of the dispute / refund to the extent to which such funds proves inadequate. Without prejudice to any other of Worldline’s rights and remedies, in the event that the Merchant does not make any payment to Worldline by its due date or on demand as required under this Terms and Conditions, Worldline shall be entitled to charge daily interest on such overdue amount from the Transaction record plus any associated fees and/or fines: due date of demand (i) the Transaction record or any material information on a sales slip (such as the account number, expiration date of the Card, Merchant description, Transaction amount, or datecase may be) is illegible, incomplete, or otherwise indiscernible, is not endorsed, or is not delivered to Acquirer within the required time limits; (ii) the Transaction was one which received a negative account verification service response (or would have received a negative account verification service response if Xxxxxxxx had contacted the service on the Transaction date) and Merchant did not reject the Transaction or receive prior authorization for the Transaction, as applicable; (iii) electronic authorization was available and Merchant failed to authorize electronically; (iv) in a key‐entered card present Transaction the sales slip does not contain the required imprint of a Card that was valid, effective, and unexpired on the Transaction date; (v) the Transaction was one for which prior credit authorization was required and prior credit authorization was not obtained, or a valid authorization number is not correctly and legibly included on the Transaction record; (vi) the Transaction record is a duplicate of an item previously paid, or is one of two or more Transaction records generated in a single Transaction in violation of this Agreement; (vii) the cardholder disputes the execution of the Transaction record, the sale, delivery, quality, or performance of the goods or services purchased, or alleges that a credit adjustment was requested and reissued or that a credit adjustment was issued by Xxxxxxxx but not posted to the cardholder's account; (viii) the price of the goods or services shown on the Transaction record differs from the amount shown on the copy of the sales slip or the receipt delivered to the customer at the time of the Transaction; (ix) Acquirer reasonably determines that Merchant has violated any term, condition, covenant, warranty, or other provisions of this Agreement in connection with the Transaction record or the Transaction to which it relates; (x) Acquirer reasonably determines that the Transaction record is fraudulent or that the related Transaction is not a bona fide Transaction in Merchant’s ordinary course of business, or is subject to any claim of illegality, cancellation, rescission, avoidance, or offset for any reason whatsoever, including without limitation negligence, fraud, or dishonesty on the part of Merchant or Merchant's agents or employees; (xi) the Transaction record arises from a mail or telephone order Transaction or eCommerce Transaction which the cardholder disputes entering into or authorizing, or which involves an account number that never existed or that has expired and has not been renewed; (xii) Merchant fails to provide any sales slip or credit slip to Acquirer in accordance with Section 3.1 of this Agreement; or (xiii) the Transaction is charged back to Acquirer for any other reason pursuant to Card Association rules and regulations. (b) In the event Xxxxxxxx believes a chargeback to be improper, Xxxxxxxx must notify Acquirer of this in writing within the twenty (20) calendar days of until the date of payment in full, at the chargeback or forfeit its right to contest the chargebackrate of 2.5% per month, as well after as before judgment. (c) Except d. Where the Merchant is a partnership or a proprietary concern and a partner(s)/ the proprietor is in his individual capacity a Customer, such partner/ proprietor shall not use his Card for the purchase of goods from the Merchant and thereby seek to utilize the payment received from Worldline against such purchases. Such Transaction shall not constitute valid charges and Worldline shall not be liable for payment of such Transaction. e. Worldline, on reasonable ground and its sole and exclusive opinion can suspend the payment to the Merchant in the case event of chargebacks that are based solely on potential chargeback, fraud and other financial losses arising from the transactions processed by the Merchant and same will be intimated to the Merchant's failure to obtain an authorization, Acquirer may chargeback a Transaction in accordance with this Section even if an authorization was obtained in connection with the Transaction.

Appears in 1 contract

Samples: General Terms and Conditions for Electronic Payments

Chargeback. (a) Under a. Notwithstanding any one provision of this Agreement to the contrary or more any authorization given in relation to such Credit Card transaction, MCC shall be entitled, without giving any reason, to refuse payment as stated under 9.1.a above to the MERCHANT of all or part of any amount of any Card Transaction and to be compensated or indemnified of whatever losses that it may incur, in case of any of the following circumstances, Acquirer may charge back to Merchant any Transaction record that Acquirer has accepted, and Xxxxxxxx shall repay Acquirer the amount represented by the Transaction record plus any associated fees and/or finesevents (each a Chargeback Event) occurs: (i) the Transaction record or any material information on a sales slip (such as the account number, expiration date of the Card, Merchant description, Transaction amount, or date) is illegible, incomplete, or otherwise indiscernible, is not endorsed, or is not delivered to Acquirer within the required time limits; (ii) the Transaction was one which received a negative account verification service response (or would have received a negative account verification service response if Xxxxxxxx had contacted the service on the Transaction date) and Merchant did not reject the Transaction or receive prior authorization for the Transaction, as applicable; (iii) electronic authorization was available and Merchant failed to authorize electronically; (iv) in a key‐entered card present Transaction the sales slip does not contain the required imprint of a Card that was valid, effective, and unexpired on the Transaction date; (v) the Transaction was one for which prior credit authorization was required and prior credit authorization was not obtained, or a valid authorization number is not correctly and legibly included on the Transaction record; (vi) the Transaction record is a duplicate of an item previously paid, or is one of two or more Transaction records generated in a single Transaction in violation of this Agreement; (vii) the cardholder i. The Cardholder disputes the execution of the Transaction record, the sale, deliverynature, quality, use or performance fitness of the goods or sold and/or services purchasedrendered under the Card Transaction, or alleges that a the MERCHANT has breached the terms of the contract of sale or service entered into between the MERCHANT and the credit adjustment was requested and reissued cardholder or that a credit adjustment was issued any representation or warranty made by Xxxxxxxx but not posted the MERCHANT to the credit cardholder's account; (viii) ii. The Cardholder disputes or denies that the price Card Transaction was effected by him or the contract of sale or service with the MERCHANT was entered into by him or delivery of the goods sold and/or performance of the services rendered under the Card Transaction was received by him. MCC shall refer to the MERCHANT all transaction/s disputed by the credit cardholder and MERCHANT undertakes to resolve the dispute with the Cardholder within five (5) business days upon receipt of advice from MCC. Disputed transaction(s) which the MERCHANT has failed to resolve within the aforestated period shall be automatically charged back by MCC to the MERCHANT; iii. The contract of sale or service entered into between the MERCHANT and the Cardholder in relation to the goods and/or services shown on rendered under the Card Transaction record differs is illegal, contrary to law, public order, public policy, public morals, good customs, and those transactions that are inexistent and void from the amount shown on the copy beginning under Article 1409 of the sales slip Civil Code of the Philippines; iv. Payment in relation to the Card Transaction has been mistakenly or wrongly made by MCC or the receipt delivered Cardholder to the customer at the time of the TransactionMERCHANT; (ix) Acquirer reasonably determines that Merchant has violated any term, condition, covenant, warranty, or other provisions of v. No authorization and/or authorization code numbers were sought by and/or granted to the MERCHANT for the Card Transaction as required under this Agreement in connection with the Transaction record or the Transaction to which it relatesagreement; (x) Acquirer reasonably determines that vi. The Credit Card used for the Transaction record is fraudulent or that the related Card Transaction is not a bona fide valid Credit Card and/or has been listed in any warning bulletin; vii. The Cardholder alleges that the Transaction Draft or Charge Slips has been drawn or altered without his consent or authority; viii. The Transaction Draft / Charge Slips is not signed by the Cardholder or any part of it is illegible; ix. The copy of any Transaction Draft/Charge Slips or any document required to be signed by the Cardholder in Merchant’s ordinary course relation to any Card Transaction presented to MCC or retained by the PLEASE SIGN ON ALL PAGES x. The MERCHANT does not furnish MCC the original copy of businessthe Transaction Draft/Charge Slip or a copy of it, invoice or other document or record relating to the Card Transaction forthwith upon request of MCC; xi. The MERCHANT does not comply with any of its obligations or the requirements under this agreement in relation to any Card Transaction or any security measures or guidelines relating to this agreement issued by MCC; xii. There has been a breach by the MERCHANT of any other of its obligations under this agreement not specified herein, or is subject of any other agreement entered into between the MERCHANT and MCC or of any other obligation whatsoever owed by the MERCHANT to any claim of illegalityMCC, cancellation, rescission, avoidance, whether or offset for any reason whatsoever, including without limitation negligence, fraud, or dishonesty on the part of Merchant or Merchant's agents or employeesnot related to this agreement; (xi) xiii. The MERCHANT processed the same Card Transaction record arises from a mail or telephone order Transaction or eCommerce Transaction which the cardholder disputes entering into or authorizing, or which involves an account number that never existed or that has expired and has not been renewed; (xii) Merchant fails to provide any sales slip or credit slip to Acquirer in accordance with Section 3.1 of this Agreementmore than once; or xiv. The occurrence of fraud and other similar events determined by MCC, Visa International, MasterCard International or any other issuer of any Credit Card and notified by MCC as a Chargeback Event. xv. In cases of disputed transactions processed as CNP, chargeback will be affected without notice of confirmation from MCC. b. If any of the foregoing Chargeback Event occurs, MCC has the right not to accept the transactions and chargeback such to the MERCHANT via a Chargeback Advice. c. The amount corresponding to the Chargeback (xiii“Chargeback Amount”) shall first be applied by MCC against the Transaction future xxxxxxxx of the MERCHANT. If no sum or payment is charged back due to Acquirer the MERCHANT that will allow MCC to deduct/set-off the Chargeback Amount, MCC shall seek reimbursement from the MERCHANT of the Chargeback Amount, upon which the MERCHANT shall reimburse MCC immediately upon receipt of a demand. If despite receipt of such demand, MERCHANT fails to reimburse MCC, MERCHANT hereby expressly authorizes MCC to deduct the Chargeback Amount due without need of demand or any further act or deed, against any money, securities and things of value which are now or may hereinafter be in the possession of MCC or any of its subsidiaries and affiliates. d. MCC shall also enjoy and exercise preferential lien on the stocks, inventories, properties, banks accounts and all other forms of monetary deposits and investments of the MERCHANT. Accordingly, upon failure of the MERCHANT to reimburse MCC for any duly paid Transaction Draft or Sales Slip, whether arising from a Chargeback Advice or such other reason pursuant amount due to Card Association rules MCC under this Agreement, MCC is fully authorized and regulations. (b) In empowered by the event Xxxxxxxx believes a chargeback MERCHANT as its attorney-in-fact to be improper, Xxxxxxxx must notify Acquirer of this in writing within the twenty (20) calendar days take possession of the date MERCHANT’s stock inventories and properties, to forthwith sell the same at public auction or private sale, and to apply the proceeds thereof in payment of the chargeback or forfeit its right MERCHANT’s unpaid obligations and expenses of sale; Provided, however, that any excess shall be turned over to contest the chargebackMERCHANT. (c) Except in the case of chargebacks that are based solely on the Merchant's failure to obtain an authorization, Acquirer may chargeback a Transaction in accordance with this Section even if an authorization was obtained in connection with the Transaction.

Appears in 1 contract

Samples: Merchant Agreement

Chargeback. (a) Under a. Notwithstanding any one provision of this agreement to the contrary or more any authorization given in relation to such Credit Card transaction, MCC shall be entitled, without giving any reason, to refuse payment to the MERCHANT of all or part of any amount of any Card Transaction less the discount and less applicable taxes, in case of any of the following circumstances, Acquirer may charge back to Merchant any Transaction record that Acquirer has accepted, and Xxxxxxxx shall repay Acquirer the amount represented by the Transaction record plus any associated fees and/or finesevents (each a Chargeback Event) occurs: (i) the Transaction record or any material information on a sales slip (such as the account number, expiration date of the Card, Merchant description, Transaction amount, or date) is illegible, incomplete, or otherwise indiscernible, is not endorsed, or is not delivered to Acquirer within the required time limits; (ii) the Transaction was one which received a negative account verification service response (or would have received a negative account verification service response if Xxxxxxxx had contacted the service on the Transaction date) and Merchant did not reject the Transaction or receive prior authorization for the Transaction, as applicable; (iii) electronic authorization was available and Merchant failed to authorize electronically; (iv) in a key‐entered card present Transaction the sales slip does not contain the required imprint of a Card that was valid, effective, and unexpired on the Transaction date; (v) the Transaction was one for which prior i. The credit authorization was required and prior credit authorization was not obtained, or a valid authorization number is not correctly and legibly included on the Transaction record; (vi) the Transaction record is a duplicate of an item previously paid, or is one of two or more Transaction records generated in a single Transaction in violation of this Agreement; (vii) the cardholder disputes the execution of the Transaction record, the sale, deliverynature, quality, use or performance fitness of the goods or sold and/or services purchasedrendered under the Card Transaction, or alleges that a the MERCHANT has breached the terms of the contract of sale or service entered into between the MERCHANT and the credit adjustment was requested and reissued cardholder or that a credit adjustment was issued any representation or warranty made by Xxxxxxxx but not posted the MERCHANT to the credit cardholder's account; (viii) ii. The credit cardholder disputes or denies that the price Card Transaction was effected by him or the contract of sale or service with the MERCHANT was entered into by him or delivery of the goods or services shown on the Transaction record differs from the amount shown on the copy sold and/or performance of the sales slip services rendered under the Card Transaction was received by him. MCC shall refer to the MERCHANT all transaction/s disputed by the credit cardholder and MERCHANT undertakes to resolve the dispute with the Cardholder within five (5) business days upon receipt of advice from MCC. Disputed transaction(s) which the MERCHANT has failed to resolve within the aforestated period shall be automatically charged back by MCC to the MERCHANT iii. The contract of sale or service entered into between the MERCHANT and the Cardholder in relation to the goods and/or services rendered under the Card Transaction is void or voidable at law or the receipt delivered use of the Credit Card or the performance of any person’s obligation’s under such contract of sale or service involves any illegal or unlawful act; iv. Payment in relation to the customer at Card Transaction has been mistakenly or wrongly made by MCC or the time of Cardholder to the TransactionMERCHANT; (ix) Acquirer reasonably determines that Merchant has violated any term, condition, covenant, warranty, or other provisions of v. No authorization and/or authorization code numbers were sought by and/or granted to the MERCHANT for the Card Transaction as required under this Agreement in connection with the Transaction record or the Transaction to which it relatesagreement; (x) Acquirer reasonably determines that vi. The Credit Card used for the Transaction record is fraudulent or that the related Card Transaction is not a bona fide valid Credit Card and/or has been listed in any warning bulletin; vii. The Cardholder alleges that the Transaction Draft or Charge Slips has been drawn or altered without his consent or authority; viii. The Transaction Draft / Charge Slips is not signed by the Cardholder or any part of it is illegible; ix. The copy of any Transaction Draft/Charge Slips or any document required to be signed by the Cardholder in Merchant’s ordinary course relation to any Card Transaction presented to MCC or retained by the x. The MERCHANT does not furnish MCC the original copy of businessthe Transaction Draft/Charge Slip or a copy of it, invoice or other document or record relating to the Card Transaction forthwith upon request of MCC; xi. The MERCHANT does not comply with any of its obligations or the requirements under this agreement in relation to any Card Transaction or any security measures or guidelines relating to this agreement issued by MCC; xii. There has been a breach by the MERCHANT of any other of its obligations under this agreement not specified herein, or is subject of any other agreement entered into between the MERCHANT and MCC or of any other obligation whatsoever owed by the MERCHANT to any claim of illegalityMCC, cancellation, rescission, avoidance, whether or offset for any reason whatsoever, including without limitation negligence, fraud, or dishonesty on the part of Merchant or Merchant's agents or employeesnot related to this agreement; (xi) xiii. The MERCHANT processed the same Card Transaction record arises from a mail or telephone order Transaction or eCommerce Transaction which the cardholder disputes entering into or authorizing, or which involves an account number that never existed or that has expired and has not been renewed; (xii) Merchant fails to provide any sales slip or credit slip to Acquirer in accordance with Section 3.1 of this Agreementmore than once; or xiv. The occurrence of fraud and other events determined by Visa International, MasterCard International or any other issuer of any Credit Card and notified by MCC as a Chargeback Event. xv. In cases of disputed transactions processed as MOTO, chargeback will be affected without notice of confirmation from MCC. b. If any of the foregoing Chargeback Event occurs, MCC has the right not to accept the transactions and chargeback such to the MERCHANT via a Chargeback Advice. c. The amount corresponding to the Chargeback (xiii“Chargeback Amount”) shall first be applied by MCC against the Transaction future xxxxxxxx of the MERCHANT. If no sum or payment is charged back due to Acquirer the MERCHANT that will allow MCC to deduct/set-off the Chargeback Amount, MCC shall seek reimbursement from the MERCHANT of the Chargeback Amount, upon which the MERCHANT shall reimburse MCC immediately upon receipt of a demand. If despite receipt of such demand, MERCHANT fails to reimburse MCC, MERCHANT hereby expressly authorizes MCC to deduct the Chargeback Amount due without need of demand or any further act or deed, against any money, securities and things of value which are now or may hereinafter be in the possession of MCC or any of its subsidiaries and affiliates. d. MCC shall also enjoy and exercise preferential lien on the stocks, inventories, properties, banks accounts and all other forms of monetary deposits and investments of the MERCHANT. Accordingly, upon failure of the MERCHANT to reimburse MCC for any duly paid Transaction Draft or Sales Slip, whether arising from a Chargeback Advice or such other reason pursuant amount due to Card Association rules MCC under this Agreement, MCC is fully authorized and regulations. (b) In empowered by the event Xxxxxxxx believes a chargeback MERCHANT as its attorney-in-fact to be improper, Xxxxxxxx must notify Acquirer of this in writing within the twenty (20) calendar days take possession of the date MERCHANT’s stock inventories and properties, to forthwith sell the same at public auction or private sale, and to apply the proceeds thereof in payment of the chargeback or forfeit its right MERCHANT’s unpaid obligations and expenses of sale; Provided, however, that any excess shall be turned over to contest the chargebackMERCHANT. (c) Except in the case of chargebacks that are based solely on the Merchant's failure to obtain an authorization, Acquirer may chargeback a Transaction in accordance with this Section even if an authorization was obtained in connection with the Transaction.

Appears in 1 contract

Samples: Merchant Agreement

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