Chargeback. a. We have Chargeback rights in respect of any Charge: (i) whenever a Cardmember brings a Disputed Charge, as described in Schedule A, paragraph 5, or has rights under law to withhold payments; (ii) in case of actual or alleged fraud relating to the Charge; (iii) if you do not comply with this Agreement (including failing to obtain Authorisation or Cardmember consent or omitting any Charge Data from Charge submissions), regardless of whether we had notice when we paid you for the Charge that you did not so comply and/or whether you received Authorisation for the Charge; or (iv) as provided elsewhere in this Agreement. In the event of a Chargeback, we will not refund the Discount or any other fees or assessments, or we will otherwise recoup such amounts from you. b. We may exercise our Chargeback rights by deducting, withholding, recouping from, or offsetting against our payments to you (or debiting your Account, if you have signed a direct debit mandate), or we may notify you of your obligation to pay us, which you must do promptly and fully. Our failure to demand or take payment does not waive our Chargeback rights.
Appears in 6 contracts
Samples: Terms and Conditions for Card Acceptance, Terms and Conditions for Card Acceptance, Terms and Conditions for Card Acceptance
Chargeback. a. 8.1. We have Chargeback rights in respect of any Charge:
(i) whenever 8.1.1. Whenever a Cardmember brings a Disputed Charge, as described in Schedule A, paragraph 5clause 33, below, or has rights under law to withhold payments;
(ii) in 8.1.2. In case of actual or alleged fraud relating to the Charge;
(iii) if 8.1.3. If you do not comply with this Agreement (including relevant sections of Schedule A (and/or Schedule B, where applicable), and/or failing to obtain Authorisation Authorization or Cardmember consent or omitting any Charge Data from Charge submissionssubmission), regardless of whether we had notice when we paid reimbursed you for the Charge that you did not so comply and/or whether you received Authorisation Authorization for the Charge; or
(iv) as 8.1.4. As provided elsewhere in this the Agreement.
8.2. In the event of a Chargeback, we will not refund the Discount or any other fees or assessments, or otherwise we will otherwise not recoup such amounts amount from you.
b. 8.3. We may exercise our Chargeback rights by deducting, withholding, recouping from, or offsetting against our any payments to you (or debiting from any other account / outlet / location related to your Account, if you have signed a direct debit mandate)Establishment maintained with us, or we may notify you of your obligation to pay us, which you must do promptly and fully. Our failure to demand or take payment does not waive our right to a Chargeback rightsright.
Appears in 1 contract
Samples: Merchant Agreement
Chargeback. a. We have Chargeback rights in respect of any Charge:
(i) whenever a Cardmember brings a Disputed Charge, as described in Schedule A, paragraph 5, or has rights under law to withhold payments;
(ii) in case of actual or alleged fraud relating to the Charge;
(iii) if you do not comply with this Agreement (including failing to obtain Authorisation or Cardmember consent or omitting any Charge Data from Charge submissions), regardless of whether we had notice when we paid you for the Charge that you did not so comply and/or whether you received Authorisation for the Charge; or
(iv) as provided elsewhere in this Agreement. In the event of a Chargeback, we will not refund the Discount or any other fees or assessments, or we will otherwise recoup such amounts from you.
b. We Where you receive gross settlement, we will exercise our Chargeback rights by invoicing you for the amount of any Chargebacks in accordance with Section 5.a. Where you receive net settlement, we may exercise our Chargeback rights by deducting, withholding, recouping from, or offsetting against our payments to you (or debiting your Account, if you have signed a direct debit mandate), or we may notify you of your obligation to pay us, which you must do promptly and fully. Our failure to demand or take payment does not waive our Chargeback rights.. Terms and Conditions for American Express® Card Acceptance September 2015 – Version 3
Appears in 1 contract
Chargeback. a. We have Chargeback rights in respect of any Charge:
(i) whenever a Cardmember brings a Disputed Charge, as described in Schedule A, paragraph 5, or has rights under law to withhold payments;
(ii) in case of actual or alleged fraud relating to the Charge;
(iii) if you do not comply with this Agreement (including failing to obtain Authorisation or Cardmember consent or omitting any Charge Data from Charge submissions), regardless of whether we had notice when we paid you for the Charge that you did not so comply and/or and whether you received Authorisation for the Charge; or
(iv) as provided elsewhere in this Agreement. In the event of a Chargeback, we will not refund the Discount or any other fees or assessments, or we will otherwise recoup such amounts from you.
b. We may exercise our Chargeback rights by deducting, withholding, recouping from, or offsetting against our payments to you (or debiting your Account, if you have signed a direct debit Direct Debit mandate), or we may notify you of your obligation to pay us, which you must do promptly and fully. Our failure to demand or take payment does not waive our Chargeback rights.
Appears in 1 contract
Chargeback. a. 8.1. We have Chargeback rights in respect of any Charge:.
(i) whenever 8.1.1. Whenever a Cardmember brings a Disputed Charge, as described in Schedule A, paragraph 5section (3), below, or has rights under law to withhold payments;.
(ii) in 8.1.2. In case of actual or alleged fraud relating to the Charge;.
(iii) if you 8.1.3. If You do not comply with this Agreement agreement (including relevant sections of Schedule A (and/or Schedule B, where applicable), and/or failing to obtain Authorisation Authorization or Cardmember consent or omitting any Charge Data from Charge submissionssubmission), regardless of whether we We had notice noticed when we paid you We reimbursed You for the Charge that you You did not so comply and/or whether you You received Authorisation Authorization for the Charge; or.
(iv) as 8.1.4. As provided elsewhere in this Agreementthe agreement.
8.2. In the event of a Chargeback, we We will not refund the Discount or any other fees or assessments, or we We will not otherwise recoup such amounts from youYou.
b. 8.3. We may exercise our Our Chargeback rights by deducting, withholding, recouping from, or offsetting offsetting against our any payments to you (You or debiting your Account, if you have signed a direct debit mandate)from any other account/outlet/location related to Your Establishment maintained with Us, or we may notify you You of your Your obligation to pay usUs, which you You must do promptly and fully. Our failure to demand or take payment does not waive our Our right to a Chargeback rightsright.
Appears in 1 contract
Samples: Merchant Agreement
Chargeback. a. 8.1. We have Chargeback rights in respect of any Charge:
(i) whenever 8.1.1. Whenever a Cardmember brings a Disputed Charge, as described in Schedule A, paragraph 5clause 33, below, or has rights under law to withhold payments;
(ii) in 8.1.2. In case of actual or alleged fraud relating to the Charge;
(iii) if 8.1.3. If you do not comply with this Agreement (including relevant sections of Schedule A (and/or Schedule B, where applicable), and/or failing to obtain Authorisation Authorization or Cardmember consent or omitting any Charge Data from Charge submissionssubmission), regardless of whether we had notice when we paid reimbursed you for the Charge that you did not so comply and/or whether you received Authorisation Authorization for the Charge; or
(iv) as 8.1.4. As provided elsewhere in this the Agreement.
8.2. In the event of a Chargeback, we will not refund the Discount or any other fees or assessments, or otherwise we will otherwise not recoup such amounts amount from you.
b. 8.3. We may exercise our Chargeback rights by deducting, withholding, recouping from, or offsetting offsetting against our any payments to you (or debiting from any other account / outlet / location related to your Account, if you have signed a direct debit mandate)Establishment maintained with us, or we may notify you of your obligation to pay us, which you must do promptly and fully. Our failure to demand or take payment does not waive our right to a Chargeback rightsright.
Appears in 1 contract
Samples: Merchant Agreement