Common use of Fraud and Criminal Activity Clause in Contracts

Fraud and Criminal Activity. In the event, BlueSnap reasonably believes that Merchant and/or its customers is attempting to engage, or is engaging in manipulative, fraudulent, illegal or criminal activities using the Services, BlueSnap may in its sole and absolute discretion (i) withhold payments to the Merchant pending further investigation by BlueSnap, (ii) suspend its licenses and services under this Agreement, (iii) terminate the Agreement, and/or (iv) set up any appropriate Holdbacks or Rolling Reserves as it deems necessary and utilizing any such Holdbacks or Rolling reserves to satisfy any chargebacks, chargeback fees, refunds, fines, assessments or penalties. Merchant will be solely liable for any such fraudulent, illegal or criminal activity and BlueSnap shall not be required to pay any sums to Merchant in respect to such activities. BlueSnap reserves the right to make investigation as it determines and to inform the relevant authorities and Acquirers.

Fraud and Criminal Activity. In the event, BlueSnap reasonably believes that Merchant and/or its customers is attempting to engage, or is engaging in manipulative, fraudulent, illegal or criminal activities using the Services, BlueSnap may in its sole and absolute discretion (i) withhold payments to the Merchant pending further investigation by BlueSnap, (ii) suspend its licenses and services under this Agreement, (iii) terminate the Agreement, and/or (iv) set up any appropriate Holdbacks or Rolling Reserves as it deems necessary and utilizing any such Holdbacks or Rolling reserves to satisfy any chargebacks, chargeback fees, refunds, fines, assessments or penalties, (v) initiate any appropriate debit of Merchant’s Bank Accounts. Merchant will be solely liable for any such fraudulent, illegal or criminal activity and BlueSnap shall not be required to pay any sums to Merchant in respect to such activities. BlueSnap reserves the right to make investigation as it determines and to inform the relevant authorities and Acquirers.