Common use of CHARGEBACKS AND RETURNS Clause in Contracts

CHARGEBACKS AND RETURNS. MERCHANT shall bear all risk of loss, without warranty or recourse to SPS-EFT for the amount of any transaction, or other amounts due SPS-EFT (including SPS-EFT’s actual costs and expenses) due to or caused by chargebacks and returns of any kind, whether for customer chargebacks, insufficient funds returns, or any other type of returns, except as set forth in the Remote Deposit Capture (Check 21 Plus) with Guarantee provisions below (provided that MERCHANT has purchased and SPS-EFT agreed to provide Guarantee service). SPS-EFT shall have the right to debit MERCHANT’S incoming transactions, designated account or any other funds of MERCHANT in SPS-EFT’s direct or indirect control by reason of SPS-EFT’s security interest granted to SPS-EFT by MERCHANT hereunder, and to chargeback such transactions to MERCHANT including, but not limited to any of the following situations: (a) where goods have been returned or service canceled by the person submitting the check for Remote Deposit Capture (Check 21 Plus) processing and that person has requested a credit draft and such credit draft was not processed by MERCHANT; (b) where the sales draft or purchaser breaches any representation, warranty or covenant or failed to meet the requirements of this Agreement, or applicable law, or has not been authorized in advance by the authorization center as required hereunder; (c) where the transaction is for a type of goods or services sold other than as disclosed in the MERCHANT application or approved in advance by SPS-EFT or the amount shown on the sales receipt differs from the copy given to the customer; (d) where a customer contends or disputes in writing to SPS-EFT, or the customer’s financial institution named on the check that: (1) Goods or services were not received; or

CHARGEBACKS AND RETURNS. MERCHANT shall bear all risk of loss, without warranty or recourse to SPS-EFT for the amount of any transaction, or other amounts due SPS-EFT (including SPS-EFT’s actual costs and expenses) due to or caused by chargebacks and returns of any kind, whether for customer chargebacks, insufficient funds returns, or any other type of returns, except as set forth in the Remote Deposit Capture (Check 21 Plus) with Guarantee provisions below (provided that MERCHANT has purchased and SPS-EFT agreed to provide Guarantee service). SPS-EFT shall have the right to debit MERCHANT’S incoming transactions, designated account or any other funds of MERCHANT in SPS-EFT’s direct or indirect control by reason of SPS-EFT’s security interest granted to SPS-EFT by MERCHANT hereunder, and to chargeback such transactions to MERCHANT including, but not limited to any of the following situations: (a) where goods have been returned or service canceled by the person submitting the check for Remote Deposit Capture (Check 21 Plus) processing and that person has requested a credit draft and such credit draft was not processed by MERCHANT; (b) where the sales draft or purchaser breaches any representation, warranty or covenant or failed to meet the requirements of this Agreement, or applicable law, or has not been authorized in advance by the authorization center as required hereunder; (c) where the transaction is for a type of goods or services sold other than as disclosed in the MERCHANT application or approved in advance by SPS-EFT or the amount shown on the sales receipt differs from the copy given to the customer; (d) where a customer contends or disputes in writing to SPS-EFT, or the customer’s financial institution named on the check that: (1) Goods or services were not received; or (2) Goods or services received do not conform to the description on the sales receipt; or (3) Goods or services were defective or the customer has a claim, dispute or defense to payment related to the transaction; or

CHARGEBACKS AND RETURNS. MERCHANT Merchant shall bear all risk of loss, without warranty or recourse to SPS-EFT GETI for the amount of any transaction, or other amounts due SPS-EFT GETI (including SPS-EFTGETI’s actual costs and expenses) due to or caused by chargebacks and returns of any kind, whether for customer chargebacks, insufficient funds returns, administrative returns, or any other type of returns, except as set forth in the Remote Deposit Capture (Check 21 Plus) with Guarantee provisions below (provided that MERCHANT a Merchant which has purchased and SPS-EFT agreed to provide Conversion with Guarantee, shall not be liable for any returns or chargebacks covered by the Guarantee provided with that service). SPS-EFT For Merchant’s who have purchased Conversion without Guarantee, GETI shall have the right to debit MERCHANT’S Merchant’s incoming transactions, designated account or any other funds of MERCHANT Merchant in SPS-EFTGETI’s direct or indirect control by reason of SPS-EFT’s security interest granted to SPS-EFT by MERCHANT hereunder, and to chargeback such transactions to MERCHANT Merchant including, but not limited to to, any of the following situations: (a) where goods have been returned or service canceled by the person submitting the check for Remote Deposit Capture (Check 21 Plus) electronic processing and that person has requested a credit draft and such credit draft was not processed by MERCHANTMerchant; (b) where the sales draft or purchaser and/or merchant breaches any representation, warranty or covenant or failed to meet the requirements of this Agreement, or applicable law, or has not been authorized in advance by the authorization center as required hereunder; (c) where the transaction is for a type of goods or services sold other than as disclosed in the MERCHANT application Application or approved in advance by SPS-EFT or GETI; (d) where the amount shown on the sales receipt differs from the copy given to the customer; (de) where a customer contends or disputes in writing to SPS-EFTwith GETI, or the customer’s financial institution named on the check check, that: (1) Goods goods or services were received; (2) goods or services received conform to the description on the sales receipt; (3) goods or services were not receiveddefective; or(f) where the customer has a claim, dispute or defense to payment related to the transaction, including a claim or defense authorized by a relevant statute or regulation, (g) where a Electronic Check Authorization Receipt was not received by GETI as required hereunder or is subject to chargeback by the customer’s financial institution when acting on the customer’s behalf; (h) where the transaction was generated through the use of an account that was not valid (as in, but not limited to, R03, R04 return codes) or effective (as in, but not limited to, R02 return code) on the transaction date; (i) where the transaction was made on an altered or counterfeit check authorization document; (j) where Merchant had notice not to honor the transaction and failed to reject the transaction; (k) code on the transaction date; (l) where the transaction was made on an altered or counterfeit check authorization document; (m) where Merchant had notice not to honor the transaction and failed to reject the transaction; (n) where Merchant disregarded any denial of authorization; (o) where no signature of the customer to the transaction appears on the Electronic Check Authorization Receipt; (p) where Merchant failed to obtain specific authorization in advance from GETI to complete the transaction and/or a valid authorization number was not on the Electronic Check Authorization Receipt; (q) where the customer has certified in writing to GETI or his financial institute on that no authorized user made or authorized the transaction; (r) where security procedures were not followed; (s) where the customer’s financial institution or GETI has information that Merchant fraud occurred at the time of the transaction(s); (t) where the transaction is not a sale by Merchant, whether or not such transaction(s) was authorized by the customer; (u) where the check authorization was executed or a credit was given to Merchant in circumstances constituting a breach of any representation or warranty of Merchant or in violation of applicable law; (v) where Merchant has not provided documents or resolved a customer dispute whether or not a transaction is charged back; (w) where a sales receipt was charged back and re-presented, whether or not the customer knows or consents to this re-presentment; and (x) where Merchant does not provide copy of the signed authorization receipt as requested by GETI within forty-eight (48) hours from the time of such request. For those Merchant’s who have purchased Conversion with Guarantee, GETI shall have the right to debit Merchant’s incoming transactions, designated account or any other funds of Merchant in GETI’s direct or indirect control and to chargeback such transactions to Merchant only for those items set forth in (a) through (x) above that are not covered by the Guarantee. If, with respect to any one of Merchant’s outlets, the amount of or number of any counterfeit or fraud incidents becomes excessive, in the sole determination of GETI, Merchant may be charged back for all transactions, this Agreement may be terminated immediately without notice, and Merchant’s funds, including but not limited to those in incoming transactions and in Merchant’s designated account, shall be held pursuant to the provisions herein. GETI shall retain any Discount Fee or Transaction Fee related to a chargeback transaction. Merchant agrees that GETI will assess up to twenty-five dollars ($25.00) for each chargeback, or such increased or additional charges as may be established by GETI from time to time. Additionally, GETI shall have the same rights to debit Merchant’s designated account for transactions returned or not honored for any reason, including but not limited to insufficient funds, administrative returns, or any other kind of returned transaction, subject to the condition that if the Merchant has purchased the Conversion with Guarantee, GETI shall not have the right to debit the Merchant’s designated account for items covered by that guarantee.

CHARGEBACKS AND RETURNS. MERCHANT shall bear all risk of loss, without warranty or recourse to SPS-EFT GETI for the amount of any transaction, or other amounts due SPS-EFT GETI (including SPS-EFTGETI’s actual costs and expenses) due to or caused by chargebacks and returns of any kind, whether for customer chargebacks, insufficient funds returns, or any other type of returns, except as set forth in the Remote Deposit Capture (Check 21 Plus) with Guarantee provisions below (provided that MERCHANT has purchased and SPS-EFT GETI agreed to provide Guarantee service). SPS-EFT GETI shall have the right to debit MERCHANT’S incoming transactions, designated account or any other funds of MERCHANT in SPS-EFTGETI’s direct or indirect control by reason of SPS-EFTGETI’s security interest granted to SPS-EFT GETI by MERCHANT hereunder, and to chargeback such transactions to MERCHANT including, but not limited to any of the following situations: (a) where goods have been returned or service canceled by the person submitting the check for Remote Deposit Capture (Check 21 Plus) processing and that person has requested a credit draft and such credit draft was not processed by MERCHANT; (b) where the sales draft or purchaser breaches any representation, warranty or covenant or failed to meet the requirements of this Agreement, or applicable law, or has not been authorized in advance by the authorization center as required hereunder; (c) where the transaction is for a type of goods or services sold other than as disclosed in the MERCHANT application or approved in advance by SPS-EFT GETI or the amount shown on the sales receipt differs from the copy given to the customer; (d) where a customer contends or disputes in writing to SPS-EFT, or the customer’s financial institution named on the check that: (1) Goods or services were not received; orthe

CHARGEBACKS AND RETURNS. MERCHANT Merchant shall bear all risk of loss, without warranty or recourse to SPS-EFT GETI for the amount of any transaction, or other amounts due SPS-EFT GETI (including SPS-EFTGETI’s actual costs and expenses) due to or caused by chargebacks and returns of any kind, whether for customer chargebacks, insufficient funds returns, administrative returns, or any other type of returns, except as set forth in the Remote Deposit Capture (Check 21 Plus) with Guarantee provisions below (provided that MERCHANT a Merchant which has purchased and SPS-EFT agreed to provide Conversion with Guarantee, shall not be liable for any returns or chargebacks covered by the Guarantee provided with that service). SPS-EFT For Merchant’s who have purchased Conversion without Guarantee, GETI shall have the right to debit MERCHANT’S Merchant’s incoming transactions, designated account or any other funds of MERCHANT Merchant in SPS-EFTGETI’s direct or indirect control by reason of SPS-EFT’s security interest granted to SPS-EFT by MERCHANT hereunder, and to chargeback such transactions to MERCHANT Merchant including, but not limited to to, any of the following situations: (a) where goods have been returned or service canceled by the person submitting the check for Remote Deposit Capture (Check 21 Plus) electronic processing and that person has requested a credit draft and such credit draft was not processed by MERCHANTMerchant; (b) where the sales draft or purchaser and/or merchant breaches any representation, warranty or covenant or failed to meet the requirements of this Agreement, or applicable law, or has not been authorized in advance by the authorization center as required hereunder; (c) where the transaction is for a type of goods or services sold other than as disclosed in the MERCHANT application Application or approved in advance by SPS-EFT or GETI; (d) where the amount shown on the sales receipt differs from the copy given to the customer; (d) where a customer contends or disputes in writing to SPS-EFT, or the customer’s financial institution named on the check that: (1) Goods or services were not received; or;

CHARGEBACKS AND RETURNS. Paya-EFT and third-party bank partners will monitor MERCHANT for adherence to established maximum acceptable return rate thresholds as established by the ACH Rules which are as follows: Overall return rate level of 15% or less, Administrative return (R02, R03, R04) rate level of 3% or less, and an Unauthorized return (R05, R07, R10, R29, or R51) rate level of 0.5% or less. MERCHANT shall bear all risk of loss, without warranty or recourse to SPSPaya-EFT for the amount of any transaction, applicable fees, or other amounts due SPSPaya-EFT (including SPSPaya-EFT’s actual costs and expenses) due to or caused by chargebacks and returns of any kind, whether for customer chargebacks, insufficient funds returns, administrative or corporate returns, or any other type of returns, except as set forth in this ACH Agreement and the Paya-EFT POS GUARANTEE CONVERSION, ACH DEBIT GUARANTEE, Checks-By-Phone Guarantee, and Remote Deposit Capture (Check 21 Plus) with Guarantee provisions Schedules below (provided that MERCHANT has purchased and SPSPaya-EFT agreed to provide Guarantee serviceservices). SPSPaya-EFT shall have the right to debit MERCHANT’S incoming transactions, designated account or any other funds of MERCHANT in SPSPaya-EFT’s direct or indirect control by reason of SPSPaya-EFT’s security interest granted to SPSPaya-EFT by MERCHANT hereunder, and to chargeback such transactions to MERCHANT including, but not limited to any of the following situations: (a) where goods have been returned or service canceled by the person submitting the applicable check or ACH Debit for electronic processing or Remote Deposit Capture (Check 21 Plus) processing and that person has requested a credit draft and such credit draft was not processed by MERCHANT; (b) where the sales draft or purchaser breaches any representation, warranty or covenant or failed to meet the requirements of this Agreement, or applicable law, or has not been authorized in advance by the authorization center as required hereunder; (c) where the transaction is for a type of goods or services sold other than as disclosed in the MERCHANT application Application or approved in advance by SPSPaya-EFT or the amount shown on the sales receipt or proof of purchase differs from the copy given to the customer; (d) where a customer contends or disputes in writing to SPSPaya-EFT, or the customer’s financial institution named on the check or ACH Debit that: (1) Goods or services were not received; or (2) Goods or services received do not conform to the description on the sales receipt or proof of purchase; or (3) Goods or services were defective or the customer has a claim, dispute or defense to payment related to the transaction; or

CHARGEBACKS AND RETURNS. MERCHANT shall bear all risk of loss, without warranty or recourse to SPS-EFT GETI for the amount of any transaction, or other amounts due SPS-EFT GETI (including SPS-EFTGETI’s actual costs and expenses) due to or caused by chargebacks and returns of any kind, whether for customer chargebacks, insufficient funds returns, or any other type of returns, except as set forth in the Remote Deposit Capture (Check 21 Plus) with Guarantee provisions below (provided that MERCHANT has purchased and SPS-EFT GETI agreed to provide Guarantee service). SPS-EFT GETI shall have the right to debit MERCHANT’S incoming transactions, designated account or any other funds of MERCHANT in SPS-EFTGETI’s direct or indirect control by reason of SPS-EFTGETI’s security interest granted to SPS-EFT GETI by MERCHANT hereunder, and to chargeback such transactions to MERCHANT including, but not limited to any of the following situations: (a) where goods have been returned or service canceled by the person submitting the check for Remote Deposit Capture (Check 21 Plus) processing and that person has requested a credit draft and such credit draft was not processed by MERCHANT; (b) where the sales draft or purchaser breaches any representation, warranty or covenant or failed to meet the requirements of this Agreement, or applicable law, or has not been authorized in advance by the authorization center as required hereunder; (c) where the transaction is for a type of goods or services sold other than as disclosed in the MERCHANT application or approved in advance by SPS-EFT GETI or the amount shown on the sales receipt differs from the copy given to the customer; (d) where a customer contends or disputes in writing to SPS-EFTGETI, or the customer’s financial institution named on the check that: (1) Goods or services were not received; or (2) Goods or services received do not conform to the description on the sales receipt; or (3) Goods or services were defective or the customer has a claim, dispute or defense to payment related to the transaction; or

CHARGEBACKS AND RETURNS. MERCHANT shall bear all risk of loss, without warranty or recourse to SPS-EFT GETI for the amount of any transaction, or other amounts due SPS-EFT GETI (including SPS-EFTGETI’s actual costs and expenses) due to or caused by chargebacks and returns of any kind, whether for customer chargebacks, insufficient funds returns, administrative returns, or any other type of returns, except as set forth in the Remote Deposit Capture (Check 21 Plus) with Guarantee GETI CHECK CONVERSION WITH GUARANTEE provisions below (provided that MERCHANT has purchased and SPS-EFT GETI agreed to provide Guarantee CHECK CONVERSION WITH GUARANTEE service). SPS-EFT GETI shall have the right to debit MERCHANT’S incoming transactions, designated account or any other funds of MERCHANT in SPS-EFTGETI’s direct or indirect control by reason of SPS-EFTGETI’s security interest granted to SPS-EFT GETI by MERCHANT hereunder, and to chargeback such transactions to MERCHANT including, but not limited to any of the following situations: (a) where goods have been returned or service canceled by the person submitting the check for Remote Deposit Capture (Check 21 Plus) electronic processing and that person has requested a credit draft and such credit draft was not processed by MERCHANT; (b) where the sales draft or purchaser breaches any representation, warranty or covenant or failed to meet the requirements of this Agreement, or applicable law, or has not been authorized in advance by the authorization center as required hereunder; (c) where the transaction is for a type of goods or services sold other than as disclosed in the MERCHANT application or approved in advance by SPS-EFT GETI or the amount shown on the sales receipt differs from the copy given to the customer; (d) where a customer contends or disputes in writing to SPS-EFTGETI, or the customer’s financial institution named on the check that: (1) Goods or services were not received; or (2) Goods or services received do not conform to the description on the sales receipt; or (3) Goods or services were defective or the customer has a claim, dispute or defense to payment related to the transaction; or

CHARGEBACKS AND RETURNS. Paya-EFT and third-party bank partners will monitor MERCHANT for adherence to established maximum acceptable return rate thresholds as established by the Rules which are as follows: Overall return rate level of 15% or less, Administrative return (R02, R03, R04) rate level of 3% or less, and an Unauthorized return (R05, R07, R10, R29, or R51) rate level of 0.5% or less. MERCHANT shall bear all risk of loss, without warranty or recourse to SPSPaya-EFT for the amount of any transaction, applicable fees, or other amounts due SPSPaya-EFT (including SPSPaya-EFT’s actual costs and expenses) due to or caused by chargebacks and returns of any kind, whether for customer chargebacks, insufficient funds returns, administrative or corporate returns, or any other type of returns, except as set forth in this Agreement and the Paya-EFT POS GUARANTEE CONVERSION, ACH DEBIT GUARANTEE, Checks-By-Phone Guarantee, and Remote Deposit Capture (Check 21 Plus) with Guarantee provisions Schedules below (provided that MERCHANT has purchased and SPSPaya-EFT agreed to provide Guarantee serviceservices). SPSPaya-EFT shall have the right to debit MERCHANT’S incoming transactions, designated account or any other funds of MERCHANT in SPSPaya-EFT’s direct or indirect control by reason of SPSPaya-EFT’s security interest granted to SPSPaya-EFT by MERCHANT hereunder, and to chargeback such transactions to MERCHANT including, but not limited to any of the following situations: (a) where goods have been returned or service canceled by the person submitting the applicable check or ACH Debit for electronic processing or Remote Deposit Capture (Check 21 Plus) processing and that person has requested a credit draft and such credit draft was not processed by MERCHANT; (b) where the sales draft or purchaser breaches any representation, warranty or covenant or failed to meet the requirements of this Agreement, or applicable law, or has not been authorized in advance by the authorization center as required hereunder; (c) where the transaction is for a type of goods or services sold other than as disclosed in the MERCHANT application or approved in advance by SPSPaya-EFT or the amount shown on the sales receipt or proof of purchase differs from the copy given to the customer; (d) where a customer contends or disputes in writing to SPSPaya-EFT, or the customer’s financial institution named on the check or ACH Debit that: (1) Goods or services were not received; or (2) Goods or services received do not conform to the description on the sales receipt or proof of purchase; or (3) Goods or services were defective or the customer has a claim, dispute or defense to payment related to the transaction; or

CHARGEBACKS AND RETURNS. MERCHANT shall bear all risk of loss, without warranty or recourse to SPS-EFT for the amount of any transaction, or other amounts due SPS-EFT (including SPS-EFT’s actual costs and expenses) due to or caused by chargebacks and returns of any kind, whether for customer chargebacks, insufficient funds returns, or any other type of returns, except as set forth in the Remote Deposit Capture (Check 21 Plus) with Guarantee provisions below (provided that MERCHANT has purchased and SPS-EFT agreed to provide Guarantee service). SPS-EFT shall have the right to debit MERCHANT’S incoming transactions, designated account or any other funds of MERCHANT in SPS-EFT’s direct or indirect control by reason of SPS-EFT’s security interest granted to SPS-EFT by MERCHANT hereunder, and to chargeback such transactions to MERCHANT including, but not limited to any of the following situations: (a) where goods have been returned or service canceled by the person submitting the check for Remote Deposit Capture (Check 21 Plus) processing and that person has requested a credit draft and such credit draft was not processed by MERCHANT; (b) where the sales draft or purchaser breaches any representation, warranty or covenant or failed to meet the requirements of this Agreement, or applicable law, or has not been authorized in advance by the authorization center as required hereunder; (c) where the transaction is for a type of goods or services sold other than as disclosed in the MERCHANT application or approved in advance by SPS-EFT or the amount shown on the sales receipt differs from the copy given to the customer; (d) where a customer contends or disputes in writing to SPS-EFT, or the customer’s financial institution named on the check that: (1) Goods or services were not received; or (2) Goods or services received do not conform to the description on the sales receipt; or (3) Goods or services were defective or the customer has a claim, dispute or defense to payment related to the transaction; or (4) The dispute reflects a claim or defense authorized by a relevant statute or regulation, (e) where a check is subject to indemnification charged back by the customer’s financial institution; (f) where the transaction was generated through the use of an account that was not valid (As in, but not limited to, R03 return code) or effective (As in, but not limited to, R02 return code) on the transaction date or which was made on an altered or counterfeit check authorization document or of which MERCHANT had notice not to honor and failed to reject the transaction or if MERCHANT disregarded any denial of authorization; (g) where MERCHANT failed to obtain specific authorization in advance from SPS-EFT to complete the transaction and/or a valid authorization number was not on the sales receipt (h) where security procedures were not followed; (i) where the customer’s financial institution or

CHARGEBACKS AND RETURNS. MERCHANT shall bear all risk of loss, without warranty or recourse to SPS-EFT for the amount of any transaction, or other amounts due SPS-EFT (including SPS-EFT’s actual costs and expenses) due to or caused by chargebacks and returns of any kind, whether for customer chargebacks, insufficient funds returns, administrative returns, or any other type of returns, except as set forth in the Remote Deposit Capture (Check 21 Plus) with Guarantee SPS-EFT POS GUARANTEE CONVERSION provisions below (provided that MERCHANT has purchased and SPS-EFT agreed to provide Guarantee POS GUARANTEE CONVERSION service). SPS-EFT shall have the right to debit MERCHANT’S incoming transactions, designated account or any other funds of MERCHANT in SPS-EFT’s direct or indirect control by reason of SPS-EFT’s security interest granted to SPS-EFT by MERCHANT hereunder, and to chargeback such transactions to MERCHANT including, but not limited to any of the following situations: (a) where goods have been returned or service canceled by the person submitting the check for Remote Deposit Capture (Check 21 Plus) electronic processing and that person has requested a credit draft and such credit draft was not processed by MERCHANT; (b) where the sales draft or purchaser breaches any representation, warranty or covenant or failed to meet the requirements of this Agreement, or applicable law, or has not been authorized in advance by the authorization center as required hereunder; (c) where the transaction is for a type of goods or services sold other than as disclosed in the MERCHANT application or approved in advance by SPS-EFT or the amount shown on the sales receipt differs from the copy given to the customer; (d) where a customer contends or disputes in writing to SPS-EFT, or the customer’s financial institution named on the check that: (1) Goods or services were not received; or (2) Goods or services received do not conform to the description on the sales receipt; or (3) Goods or services were defective or the customer has a claim, dispute or defense to payment related to the transaction; or