Common use of Participant Service Fee Payments Clause in Contracts

Participant Service Fee Payments. Provider shall collect Participant Service Fees by withholding the fees from the Customer’s refunds, by ACH direct debit of the Customer’s personal bank account or by processing a credit card charge on behalf of the Customer to the credit of the Participant. The Provider may collect Participant Services Fees and other fees and amounts due to you, Provider and Transmitter according to the terms hereunder by withholding those amounts from any of the Customer’s refunds that may be received up to 24 months after the end of the Term, assuming you and Customer participate in the Program during that time. Provider shall collect a processing charge for collecting each Participant Service Fee. The processing charge will be collected from the Customer’s refunds or deducted from the Participant’s Service Fee before forwarding the Participant’s Service Fee to the Participant or the refunds to the Customer. On credit card charges, Participant will pay, in addition to the processing charge, any applicable interchange rate and Provider will collect and pay said rate from the Participant Service Fee before forwarding the fee payment to Participant. Participant Service Fee payments minus processing charges and any applicable interchange rates shall be made via ACH deposit to the bank account of Participant within one business day after funding, subject to offset rights as provided below. If Participant opts-in to the Check Administration Fee Program and provides a check disbursement option, the Customer will be charged a $12.00 check administration fee for each disbursement check (other than checks issued for Fast Cash Advance) that Customer requests. Participant will receive $4.00 from this fee and Provider and Transmitter will share the remaining portion of this fee. This fee will be withheld from the Customer’s refunds and included in their Refund Transfer disclosures, as applicable. If Participant selects the Prep Paid/Fee Collect/Quick Collect program offered by Provider, a $15.00 fee will be deducted from the Participant Service Fees for each Customer refund and shared with Provider and certain other third parties, except that Bank will not share in this fee. Participant hereby authorizes Provider to offset from Participant’s bank account or from Participant Service Fee any amounts owed by Participant to Provider or Provider’s affiliated companies (including but not limited to funds or advances to Participant for pre-season or in-season business expenses) now or in the future, regardless of whether such obligation arises under this Agreement or under any other commitment made by Participant. Provider may also offset from Participant Service Fee any amounts owed by Participant to providers of third-party products or services, now or in the future, related to Participant’s business or the preparation and filing of tax returns, including but not limited to audit protection or assistance fees, service bureau fees or transmitter software license fees. Provider shall not be responsible to Participant for any Participant Service Fees that cannot be collected. Provider may, in its sole discretion, freeze, reverse, debit or refuse to remit from Provider’s account via ACH Participant Service Fee payments (i) that are associated with tax returns that are in dispute or activity that Provider considers fraudulent or suspicious, or that could, in Provider’s reasonable determination, result in losses to Provider (for example, if Provider receives notice that multiple refund disbursement checks have been issued or cashed in error), (ii) to ensure Participant’s completion of compliance requirements or corrective action, or (iii) to reimburse Provider for payments to Customers due to Participant’s noncompliance with contractual or regulatory requirements. Participant Service Fees held by Provider as set forth above may be (i) retained by Provider as payment for its costs and damages, (ii) released or paid to Participant upon Participant’s completion or satisfaction of compliance requirements or corrective action, or (iii) paid by Provider to Customers, as applicable. Notwithstanding the foregoing, after one year all Participant Service Fees held by Provider as set forth above shall be forfeited to Provider as additional consideration owing to Provider under this Agreement.

Appears in 3 contracts

Samples: Financial Services Agreement, Financial Services Agreement, Financial Services Agreement

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Participant Service Fee Payments. Provider shall collect Participant Service Fees by withholding the fees from the Customer’s refundsrefund, by ACH direct debit of the Customer’s personal bank account or by processing a credit card charge on behalf of the Customer customer to the credit of the Participant. The Provider may collect Participant Services Fees and other fees and amounts due to you, Provider and Transmitter according to the terms hereunder by withholding those amounts from any of the Customer’s refunds that may be received up to 24 months after the end of the Term, assuming you and Customer participate in the Program during that time. Provider shall collect a processing charge for collecting each Participant Service Fee. The processing charge will be collected from the Customer’s refunds refund or deducted from the Participant’s Service Fee before forwarding the Participant’s Service Fee to the Participant or the refunds refund to the Customer. On credit card charges, Participant will pay, in addition to the processing charge, any applicable interchange rate and Provider will collect and pay said rate from the Participant Service Fee before forwarding the fee payment to Participant. Participant Service Fee payments minus processing charges and any applicable interchange rates shall be made via ACH deposit to the bank account of Participant within one business day after funding, subject to offset rights as provided below. If Participant opts-in to the Check Administration Fee Program and provides a check disbursement option, the Customer will be charged a $12.00 check administration fee for each disbursement check (other than checks issued for Fast Cash Advance) that Customer requests. Participant will receive $4.00 from this fee and Provider and Transmitter will share the remaining portion of this fee. This fee will be withheld from the Customer’s refunds and included in their Refund Transfer disclosures, as applicable. If Participant selects the Prep Paid/Fee Collect/Quick Collect program offered by Provider, a $15.00 fee will be deducted from the Participant Service Fees for each Customer refund and shared with Provider and certain other third parties, except that Bank will not share in this fee. Participant hereby authorizes Provider to offset from Participant’s bank such account or from Participant Service Fee for any amounts payment obligations owed by Participant to Provider or Provider’s affiliated companies (including but not limited to funds or advances to Participant for pre-season or in-season business expenses) now or in the future, regardless of whether such obligation arises under this Agreement or under any other commitment made by Participant. Provider may also offset from Participant Service Fee any amounts owed by Participant fees to providers of third-party products or services, now or in the future, related to pay Participant’s business or the preparation and filing third party contractual obligations on behalf of tax returns, including but not limited to audit protection or assistance fees, service bureau fees or transmitter software license feesParticipant. Provider shall not be responsible to Participant for any Participant Service Fees that cannot be collected. Provider may, in its sole discretion, may freeze, reverse, reverse or debit or refuse to remit from Provider’s account via ACH Participant Service Fee fee payments (i) that are associated with tax returns that are in dispute or activity that Provider considers fraudulent or suspicious, or that could, in Provider. Participant’s reasonable determination, result in losses to Provider (for example, if Provider receives notice that multiple refund disbursement checks have been issued or cashed in error), (ii) fee payments may also be frozen to ensure Participant’s completion of compliance requirements or corrective action. Frozen, reversed or (iii) debited fees that are not returned to reimburse Provider for payments Participant or refunded back to Customers due to Participant’s noncompliance with contractual or regulatory requirements. Participant Service Fees held the taxpayer within one year will be posted against losses accrued by Provider as set forth above may be (i) retained by Provider as payment for its costs through participant’s office or EFIN and damages, (ii) released or paid to Participant upon Participant’s completion or satisfaction of compliance requirements or corrective action, or (iii) paid by Provider to Customers, as applicable. Notwithstanding the foregoing, after one year all Participant Service Fees held by Provider as set forth above shall be forfeited to Provider as additional consideration owing to Provider under this AgreementProvider.

Appears in 2 contracts

Samples: Financial Services Agreement, Financial Services Agreement

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