Processing Fees. Merchant will pay Processing Fees in the amount specified in the FEE SCHEDULE attached to the Application or as otherwise provided for in this Agreement or an Addendum thereto, as any of them may be amended from time to time. Bank may increase the Processing Fees by giving Merchant thirty (30) days advance written notice effective for Charges and Credit Vouchers submitted on and after the effective date of the change. Bank will not be required to provide the Merchant with thirty (30) days’ notice of an increase in Processing Fees in the event that any Card Network, or any other entity having such authority, increases the Processing Fees and the effective date for implementation of the increase in the Processing Fees is less than thirty (30) days. In such cases, the Bank shall make reasonable efforts including, but not limited to, written correspondence, notification on statements, website notification, email, fax or direct contact via the telephone or otherwise, to provide reasonable notification to Merchant. However, failure to provide advance notice of the increase in Processing Fees will not affect Merchant’s obligation to pay the increased Processing Fees. The increase(s) in Processing Fees shall be effective on the date specified by Bank. Merchant’s submission of any Charge to Bank after receiving notice of a change in the Processing Fees shall constitute Merchant’s agreement to the new Processing Fees. Processing Fees and other service charges or amounts owed by Merchant to Bank, including for Chargebacks, anticipated Chargebacks, Credit Vouchers, Processing Fees, and any other fees owed, fines, penalties, loss allocations, damages, expenses (including, without limitation, attorneys’ fees, investigatory and/or remediation expenses), charges, assessments, registrations, certification expenses, payment obligations owed by Merchant to Bank under this Agreement (including, without limitation, indemnity obligations), and any and all or other amounts due Bank, the Card Networks, or any governmental, banking, or regulatory agency, or claimed by third parties, arising out of this Agreement or involving Merchant’s business, actions, omissions, or use of the services contemplated under this Agreement, may be deducted by Merchant Bank from amounts due Merchant, or from the Settlement Account or from the Reserve Account without prior notice needed to Merchant. Merchant will pay the amounts due by the next Business Day if sufficient funds are not available in the Settlement Account. If there are not sufficient funds in the Settlement Account or Reserve Account, Bank cannot access either the Settlement Account or Reserve Account for any reason, or Merchant does not pay the amounts due by the next Business Day, in addition to all other rights and remedies under this Agreement, Bank may collect any and all amounts due by Merchant by debiting or deducting funds from any other bank account(s) of Merchant about which Bank obtains account information, regardless of the timing, reason, or manner in which Bank obtained information about the other bank account(s) for Merchant (including, but not limited to, bank account(s) that Merchant identifies to Bank or bank account(s) for Merchant that Bank identifies through its own lawful research or investigation), and/or by setting off against any amounts that Bank owes Merchant, without any obligation to give prior notice to Merchant. Merchant shall provide Bank the information necessary to collect all amounts owed by Merchant under this Agreement or the Operating Rules or applicable laws, rules, and regulations. Merchant will be responsible for any and all attorneys’ fees and other costs and expenses Bank may incur in collecting any fees or other amounts Merchant owes to Bank.
Appears in 4 contracts
Samples: Processing Agreement, Merchant Card Processing Agreement, Merchant Processing Agreement
Processing Fees. Merchant will pay Processing Fees in the amount specified in the FEE SCHEDULE attached to the Application or as otherwise provided for in this Agreement or an Addendum thereto, as any of them may be amended from time to time. Bank may increase the Processing Fees by giving Merchant thirty (30) days advance written notice effective for Charges and Credit Vouchers submitted on and after the effective aftertheeffective date of the changethechange. Bank will not be required to provide the Merchant with thirty withthirty (30) days’ notice of an increase in Processing Fees in the event that any Card Network, or any other entity having such authority, increases the Processing Fees and the effective date for implementation of the increase in the Processing Fees is less than thirty (30) days. In such cases, the Bank shall make reasonable efforts including, but not limited to, written correspondence, notification on statements, website notification, email, fax or direct contact via the telephone thetelephone or otherwise, to provide reasonable notification to Merchant. However, failure to provide advance notice of the increase in Processing Fees will not affect Merchant’s obligation to pay the increased Processing Fees. The increase(s) in Processing Fees shall be effective on the date specified by Bank. MerchantXxxxxxxx’s submission of any Charge to Bank after receiving notice of a change in the Processing Fees shall constitute Merchant’s agreement to the new Processing Fees. Processing Fees and other service charges or amounts owed by Merchant to Bank, including for Chargebacks, anticipated Chargebacks, Credit Vouchers, Processing Fees, and any other fees owed, fines, penalties, loss allocations, damages, expenses (including, without limitation, attorneys’ fees, investigatory and/or remediation expenses), charges, assessments, registrations, certification expenses, payment obligations owed by Merchant to Bank under this Agreement (including, without limitation, indemnity obligations), and any and all or other amounts due Bank, the Card Networks, or any governmental, banking, or regulatory agency, or claimed by third parties, arising out of this Agreement or involving Merchant’s business, actions, omissions, or use of the services contemplated under this Agreement, may be deducted by Merchant Bank from amounts due Merchant, or from the Settlement Account or from the Reserve Account without prior notice needed to Merchant. Merchant will pay the amounts due by the next Business Day if sufficient funds are not available in the Settlement Account. If there are not sufficient funds in the Settlement Account or Reserve Account, Bank cannot access either the Settlement Account or Reserve Account for any reason, or Merchant does not pay the amounts due by the next Business Day, in addition to all other rights and remedies under this Agreement, Bank may collect any and all amounts due by Merchant by debiting or deducting funds from any other bank account(s) of Merchant about which Bank obtains account information, regardless of the timing, reason, or manner in which Bank obtained information about the other bank account(s) for Merchant (including, but not limited to, bank account(s) that Merchant identifies to Bank or bank account(s) for Merchant that Bank identifies through its own lawful research or investigation), and/or by setting off against any amounts that Bank owes againstanyamountsthat Bankowes Merchant, without any obligation to give prior notice to Merchant. Merchant shall provide Bank the information necessary to collect all amounts owed by Merchant under this Agreement or the Operating Rules or applicable laws, rules, and regulations. Merchant Xxxxxxxx will be responsible for any and all attorneys’ fees and other costs and expenses Bank may incur in collecting any fees or other amounts Merchant owes to Bank.
Appears in 1 contract
Samples: Merchant Processing Agreement
Processing Fees. Merchant will pay Processing Fees in the amount specified in the FEE SCHEDULE attached to the Application or as otherwise provided for in this Agreement or an Addendum thereto, as any of them may be amended from time to time. Bank may increase the Processing Fees by giving Merchant thirty (30) days advance written notice effective for Charges and Credit Vouchers submitted on and after the effective aftertheeffective date of the changethechange. Bank will not be required to provide the Merchant with thirty withthirty (30) days’ notice of an increase in Processing Fees in the event that any Card Network, or any other entity having such authority, increases the Processing Fees and the effective date for implementation of the increase in the Processing Fees is less than thirty (30) days. In such cases, the Bank shall make reasonable efforts including, but not limited to, written correspondence, notification on statements, website notification, email, fax or direct contact via the telephone thetelephone or otherwise, to provide reasonable notification to Merchant. However, failure to provide advance notice of the increase in Processing Fees will not affect Merchant’s obligation to pay the increased Processing Fees. The increase(s) in Processing Fees shall be effective on the date specified by Bank. Merchant’s submission of any Charge to Bank after receiving notice of a change in the Processing Fees shall constitute Merchant’s agreement to the new Processing Fees. Processing Fees and other service charges or amounts owed by Merchant to Bank, including for Chargebacks, anticipated Chargebacks, Credit Vouchers, Processing Fees, and any other fees owed, fines, penalties, loss allocations, damages, expenses (including, without limitation, attorneys’ fees, investigatory and/or remediation expenses), charges, assessments, registrations, certification expenses, payment obligations owed by Merchant to Bank under this Agreement (including, without limitation, indemnity obligations), and any and all or other amounts due Bank, the Card Networks, or any governmental, banking, or regulatory agency, or claimed by third parties, arising out of this Agreement or involving Merchant’s business, actions, omissions, or use of the services contemplated under this Agreement, may be deducted by Merchant Bank from amounts due Merchant, or from the Settlement Account or from the Reserve Account without prior notice needed to Merchant. Merchant will pay the amounts due by the next Business Day if sufficient funds are not available in the Settlement Account. If there are not sufficient funds in the Settlement Account or Reserve Account, Bank cannot access either the Settlement Account or Reserve Account for any reason, or Merchant does not pay the amounts due by the next Business Day, in addition to all other rights and remedies under this Agreement, Bank may collect any and all amounts due by Merchant by debiting or deducting funds from any other bank account(s) of Merchant about which Bank obtains account information, regardless of the timing, reason, or manner in which Bank obtained information about the other bank account(s) for Merchant (including, but not limited to, bank account(s) that Merchant identifies to Bank or bank account(s) for Merchant that Bank identifies through its own lawful research or investigation), and/or by setting off against any amounts that Bank owes againstanyamountsthat Bankowes Merchant, without any obligation to give prior notice to Merchant. Merchant shall provide Bank the information necessary to collect all amounts owed by Merchant under this Agreement or the Operating Rules or applicable laws, rules, and regulations. Merchant will be responsible for any and all attorneys’ fees and other costs and expenses Bank may incur in collecting any fees or other amounts Merchant owes to Bank.
Appears in 1 contract
Samples: Merchant Processing Agreement
Processing Fees. Merchant will pay Processing Fees in the amount specified in the FEE SCHEDULE attached to the Application or as otherwise provided for in this Agreement or an Addendum thereto, as any of them may be amended from time to time. Bank may increase the Processing Fees by giving Merchant thirty (30) days advance written notice effective for Charges and Credit Vouchers submitted on and after the effective theeffective date of the change. Bank will not be required to provide the Merchant with thirty withthirty (30) days’ notice of an increase in Processing Fees in the event that any Card Network, or any other entity having such authority, increases the Processing Fees and the effective date for implementation of the increase in the Processing Fees is less than thirty (30) days. In such cases, the Bank shall make reasonable efforts including, but not limited to, written correspondence, notification on statements, website notification, email, fax or direct contact via the telephone or otherwiseorotherwise, to provide reasonable notification to Merchant. However, failure to provide advance notice of the increase in Processing Fees will not affect Merchant’s obligation to pay the increased Processing Fees. The increase(s) in Processing Fees shall be effective on the date specified by Bank. Merchant’s submission of any Charge to Bank after receiving notice of a change in the Processing Fees shall constitute Merchant’s agreement to the new Processing Fees. Processing Fees and other service charges or amounts owed by Merchant to Bank, including for Chargebacks, anticipated Chargebacks, Credit Vouchers, Processing Fees, and any other fees owed, fines, penalties, loss allocations, damages, expenses (including, without limitation, attorneys’ fees, investigatory and/or remediation expenses), charges, assessments, registrations, certification expenses, payment obligations owed by Merchant to Bank under this Agreement (including, without limitation, indemnity obligations), and any and all or other amounts due Bank, the Card Networks, or any governmental, banking, or regulatory agency, or claimed by third parties, arising out of this Agreement or involving Merchant’s business, actions, omissions, or use of the services contemplated under this Agreement, may be deducted by Merchant Bank from amounts due Merchant, or from the Settlement Account or from the Reserve Account without prior notice needed to Merchant. Merchant will pay the amounts due by the next Business Day if sufficient funds are not available in the Settlement Account. If there are not sufficient funds in the Settlement Account or Reserve Account, Bank cannot access either the Settlement Account or Reserve Account for any reason, or Merchant does not pay the amounts due by the next Business Day, in addition to all other rights and remedies under this Agreement, Bank may collect any and all amounts due by Merchant by debiting or deducting funds from any other bank account(s) of Merchant about which Bank obtains account information, regardless of the timing, reason, or manner in which Bank obtained information about the other bank account(s) for Merchant (including, but not limited to, bank account(s) that Merchant identifies to Bank or bank account(s) for Merchant that Bank identifies through its own lawful research or investigation), and/or by setting bysetting off against any amounts that Bank owes againstanyamountsthat Bankowes Merchant, without any obligation to give obligationtogive prior notice to MerchantnoticetoMerchant. Merchant shall provide Bank the information necessary to collect all amounts owed by Merchant under this Agreement or the Operating Rules or applicable laws, rules, and regulations. Merchant will be responsible for any and all attorneys’ fees and other costs and expenses Bank may incur in collecting any fees or other amounts Merchant owes to Bank.
Appears in 1 contract
Samples: Merchant Processing Agreement