Common use of Disputes and Chargebacks Clause in Contracts

Disputes and Chargebacks. We hereby further warrant to you that the customer in each instance has received and will accept the merchandise sold and the bill or invoice therefor, and will pay the same as xxx when due without any Dispute. We will notify you promptly of, and, at our own cost and expense, including attorneys' fees and expenses, shall settle all Disputes and will pay you promptly the amount of the Receivables affected thereby. Any Dispute not settled by us by the sixtieth (60th) day next following the maturity of the bill or invoice affected thereby may, if you so elxxx, be settled, compromised, adjusted or litigated by you directly with the customer or other complainant for our account and risk and upon such terms and conditions as you in your sole discretion deem advisable. In addition to all other rights to which you are entitled hereunder, whenever there is any Dispute, if any unapproved Receivable or approved Receivable of a customer having other approved Receivables then in Dispute is unpaid at its maturity, you may charge the amount of the Receivable so affected or unpaid to us at any time. In addition, you shall also be entitled to charge our account the amounts you receive in payment of any unapproved Receivable and which thereafter you are required to turn over or return to the customer or any legal representative thereof. The provisions of the foregoing sentence shall survive the termination of this Agreement, and we hereby indemnify you and hold you harmless from any loss or expense arising out of the assertion of such a claim with respect to any such unapproved Receivable, including attorneys' fees and expenses. You may charge back to our account any deduction taken by customer with respect to a Receivable sixty days after receipt of payment with respect to such Receivable. In addition, as further consideration for your entering into this Agreement, we waive any right to any payments received by you from or on behalf of our customers which neither you nor we can identify to any Receivable. Any chargeback of a Receivable shall not be deemed nor shall it constitute a reassignment to us of the Receivable affected thereby, and title thereto and to the merchandise represented thereby shall remain in you until you are fully reimbursed. Regardless of the date or dates upon which you charge back the amount of any Receivable with respect to which there is any Dispute, or the amount owing from a customer which has raised any Dispute, we agree that immediately upon the occurrence of any such Dispute, any obligation you may otherwise have had hereunder to bear the risk of loss with respect to such Receivable shall cease and such obligation shall be deemed to have reverted to, and to have been assumed by, us without any act upon your part to effect the same.

Disputes and Chargebacks. We hereby further warrant to you that the customer in each instance has received and will accept the merchandise sold or the services rendered and the bill or invoice therefor, and will pay the same as xxx and when due without any Dispute. We will notify you promptly of, and, at our own cost and expense, including attorneys' fees and expenses, shall settle all Disputes and will pay you promptly the amount of the Receivables affected thereby. Any Dispute not settled by us by the sixtieth (60th) day next following the maturity due date of the bill or invoice affected thereby maytherexx xay, if you so elxxxelect, be settled, compromised, adjusted or litigated by you directly with the customer or other complainant for us and at our account and risk and upon such terms and conditions as you in your sole discretion deem advisable. You may also in your discretion take possession of and sell or cause the sale of any returned or recovered merchandise, at such prices, upon such terms and to such purchasers as you deem proper (including, in the event of any public sale, yourself) and in any event to charge the deficiency costs and expenses thereof, including attorneys' fees and expenses, to us. In addition to all other rights to which you are entitled hereunder, whenever there is any Dispute, or if any unapproved Receivable or not approved Receivable of a customer having other approved Receivables then in Dispute accordance with Section 1B is unpaid at on its maturitydue date, you may charge the amount of the Receivable so affected or unpaid (as well as all other Receivables due and owing from that customer) to us at any time. In addition, you shall also be entitled to charge our account to us the amounts you receive in payment of any unapproved Receivable not approved in accordance with Section 1B and which thereafter you are required to turn over or return to the customer or any legal representative thereof. The provisions of the foregoing sentence shall survive the termination of this Agreement, and we hereby indemnify you and hold you harmless from any loss or expense arising out of the assertion of such a claim with respect to any such unapproved ReceivableReceivable not approved in accordance with Section 1B, including attorneys' fees and expenses, and the amount of such loss or expense may be charged to us. You may will automatically charge back to our account any deduction deductions taken by customer with respect to a Receivable sixty days after receipt of payment with respect to such Receivablecustomers. In addition, as further consideration for your entering into this Agreement, Agreement we waive any right to any payments received by you from or on behalf of our customers which neither you nor we can identify to any Receivable. Any chargeback of a Receivable shall not be deemed nor shall it constitute a reassignment to us of the Receivable affected thereby, and title thereto and to the merchandise represented thereby shall remain in you until you are fully reimbursed. Regardless of the date or dates upon which you charge back the amount of any Receivable with respect to which there is any Dispute, or the amount owing from a customer which has raised any Dispute, we agree that immediately upon the occurrence of any such Dispute, any obligation you may otherwise have had hereunder to bear the risk of loss with respect to such Receivable shall cease and such obligation shall be deemed to have reverted to, and to have been assumed by, us without any act upon your part to effect the same.

Disputes and Chargebacks. We hereby further warrant WishTender takes extra care to you ensure that disputes are not levied against the customer in each instance business. In this effort, WishTender has received and will accept enacted the merchandise sold and the bill or invoice thereforhighest level of security for credit card processing, and will pay the same as xxx when due without any Disputewhich has made disputes rare on our platform, however, it's impossible to prevent all disputes. We will notify you promptly ofare committed to working with our users (wishers) to fight wrongful disputes, andhowever, at our own cost and expensein the case of a lost dispute, including attorneys' fees and expenses, shall settle WishTender reserves the right to debit the wishlist owner some or all Disputes and will pay you promptly of the amount of the Receivables affected thereby. Any Dispute not settled by us by the sixtieth (60th) day next following the maturity cost of the bill or invoice affected thereby maylost dispute. If you believe that you have been erroneously billed, if please notify our third-party billing agent (Stripe) immediately of such error. If you do not do so elxxxwithin thirty (30) days after such billing error first appears on any account statement, the fee in question will be settled, compromised, adjusted or litigated deemed acceptable by you directly with the customer or other complainant for our account and risk and upon such terms and conditions as you in your sole discretion deem advisable. In addition to all other rights to which you are entitled hereunder, whenever there is any Dispute, if any unapproved Receivable or approved Receivable of a customer having other approved Receivables then in Dispute is unpaid at its maturity, you may charge the amount of the Receivable so affected or unpaid to us at any time. In addition, you shall also be entitled to charge our account the amounts you receive in payment of any unapproved Receivable and which thereafter you are required to turn over or return to the customer or any legal representative thereof. The provisions of the foregoing sentence shall survive the termination of this Agreement, and we hereby indemnify you and hold you harmless from any loss or expense arising out of the assertion of such a claim with respect to any such unapproved Receivablepurposes, including attorneys' fees and expenses. You may charge back to our account any deduction taken resolution of inquiries made by customer with respect to a Receivable sixty days after receipt of payment with respect to such Receivable. In addition, as further consideration for your entering into this Agreement, we waive any right to any payments received by you from or on behalf of our customers which neither you nor we can identify your banking institution. You release us from all liabilities and claims of loss resulting from any error or discrepancy that i s not reported within thirty (30) days of the bill being rendered to you. There terms shall supplement and be in addition to any Receivableterms required by third party billing entities w e engage to provide billing services. Any chargeback You are responsible for review and compliance with such entity's terms in addition to those contained in this Agreement. After funding a gift, Xxxxxxx will receive a Thank You note either from the Xxxxxx or from WishTender on behalf of the Xxxxxx or from WishTender. “Thank You” note refers to any video, image, or text message displayed to the Tender after purchase. The Thank You note will either display after checking out on WishTender or in an email receipt or in an email or in a Receivable shall page on WishTender or elsewhere. The Thank You note may be automated by WishTender on behalf of the Xxxxxx, automated by the Xxxxxx themselves, or manually created by the Xxxxxx and sent to the Tender through WishTender. If Tenders don’t provide a valid email address we cannot guarantee Thank You note delivery. Likewise, if there are any issues with email delivery we cannot be deemed nor shall it constitute a reassignment to us held responsible as email issues involve third parties, such as the Tenders email provider. We can not guarantee the delivery of the Receivable affected therebyThank You note if the Tender exits WishTender before the note is displayed. Thank you notes have no minimum length or required sentiment or text. WishTender may at any time freeze your account if we believe that you are violating our Terms of Service. Such violations include, and title thereto and but are not limited to, using content without permission, listing prohibited items, harassing other users or WishTender employees, misrepresenting yourself, attempting to commit fraud, money laundering or card testing. WishTender reserves the right to initiate our verification process, which, if not met to our complete satisfaction, may result in permanent account suspension. Verification may include, but is not limited to, requesting images of your government issued ID, as well as other additional information. WishTender reserves the right to suspend any payouts of funds to the merchandise represented thereby shall remain in you User until you are fully reimbursedthe account verification process has been completed. Regardless of Should the date or dates upon which you charge back User not complete the amount of any Receivable with respect verification process to which there is any DisputeWishTender's satisfaction, WishTender may suspend the account indefinitely. WishTender will make multiple verification requests to a User before determining, based on non- response, or other evidence, that an account has been abandoned by the amount owing from a customer which user. Should WishTender determine that an account is considered to be abandoned and the User still has raised any Disputefunds remaining to be paid out, we agree that immediately upon the occurrence of any such Dispute, any obligation you may otherwise have had hereunder to bear the risk of loss with respect to such Receivable shall cease and such obligation shall be deemed to have reverted to, and to have been assumed by, us without any act upon your part to effect the sameWishTender will reverse those funds.

Disputes and Chargebacks. We hereby further warrant to you that the customer in each instance has received and will accept the merchandise sold or the services rendered and the bill bxxx or invoice therefor, and will pay the same as xxx and when due without any Dispute. We will notify you promptly of, and, at our own cost and expense, including attorneys' fees and expenses, shall settle all Disputes and will pay you promptly the amount of the Receivables affected therebythereby for which you have paid us. Any Dispute not settled by us by the sixtieth (60th) day next following the maturity due date of the bill bxxx or invoice affected thereby may, if you so elxxxelect, be settled, compromised, adjusted or litigated by you directly with the customer or other complainant for us and at our account and risk and upon such terms and conditions as you in your sole discretion deem advisable. You may also in your discretion take possession of and sell or cause the sale of any returned or recovered merchandise, at such prices, upon such terms and to such purchasers as you deem proper (including, in the event of any public sale, yourself) and in any event to charge the deficiency costs and expenses thereof, including attorneys' fees and expenses, to us. In addition to all other rights to which you are entitled hereunder, whenever there is any Dispute, or if any unapproved Receivable or not approved Receivable of a customer having other approved Receivables then in Dispute accordance with Section IB is unpaid at on its maturitydue date for which you have paid us, you may charge the amount of the Receivable so affected or unpaid to us at any time. In addition, you shall also be entitled to charge our account to us the amounts you receive in payment of any unapproved Receivable not approved in accordance with Section IB and which thereafter you are required to turn over or return to the a Client or a customer or any legal representative thereof. The provisions of the foregoing sentence shall survive the termination of this Agreement, and we hereby indemnify you and hold you harmless from any loss or expense arising out of the assertion of such a claim with respect to any such unapproved ReceivableReceivable not approved in accordance with Section IB, including attorneys' fees and expenses, and the amount of such loss or expense may be charged to us. You may will automatically charge back to our account any deduction us deductions taken by customer with respect to a Receivable sixty days after receipt of payment with respect to such Receivable. In addition, as further consideration for your entering into this Agreement, we waive any right to any payments received by you from or on behalf of our customers which neither you nor we can identify to any Receivablecustomers. Any chargeback of a Receivable shall not be deemed nor shall it constitute a reassignment to us of the Receivable affected thereby, and title thereto and to the merchandise represented thereby shall remain in you until you are fully reimbursed. Regardless of the date or dates upon which you charge back the amount of any Receivable with respect to which there is any Dispute, or the amount owing from a customer which has raised any Dispute, we agree that immediately upon the occurrence of any such Dispute, any obligation you may otherwise have had hereunder to bear the risk of loss with respect to such Receivable shall cease and such obligation shall be deemed to have reverted to, and to have been assumed by, us without any act upon your part to effect the same.