Resolution of Disputed Charges. 46 Labs shall have the right to determine, in good faith, the merit of each dispute and Customer’s associated payment obligation. 46 Labs will investigate all billing disputes and notify Customer in writing that: (a) a credit will be issued to reverse any amount that 46 Labs determines was incorrectly billed, or (b) 46 Labs has determined that the disputed charge was invoiced correctly. After a billing dispute is resolved, if the dispute is resolved in 46 Labs’ favor, Customer will, within five (5) business days of such resolution, remit to 46 Labs any required payment, plus interest at the lower of one and one-half percent (1.5%) per month or the maximum rate permissible under applicable state law, calculated from the due date until the date payment is received by 46 Labs. Failure to pay such amount in full within such five (5) day period shall be a breach of the Agreement and shall entitle 46 Labs, in addition to its other remedies at law or equity, to terminate all Services to Customer without notice and without liability of any kind or amount. If the dispute is resolved in Customer’s favor, and Customer withheld payment of the disputed amount, then 46 Labs will issue a credit to reverse the amount incorrectly billed. If the dispute is resolved in Customer’s favor and Customer previously paid the disputed amount, then 46 Labs will issue a credit to reverse the amount incorrectly billed and apply such credit against Customer’s next invoice(s). If Customer is no longer being invoiced by 46 Labs, 46 Labs will remit to Customer the amount of the credit within forty-five (45) days of the date of such credit.
Resolution of Disputed Charges. If we determine, based upon the information provided by you and the Cardmember, to resolve the Disputed Charge in the Cardmember’s favour, we will Chargeback for that Disputed Charge, or our previous Chargeback will remain in effect. If we resolve the Disputed Charge in your favour, we will take no further action (if we have not previously exercised Chargeback) or we will reverse our previous Chargeback. The foregoing does not affect procedures under Immediate Chargeback or any special Chargeback (or “Full Recourse”) programs that apply to you and under which you do not receive inquiries or notices regarding certain types of Charges prior to our final exercise of Chargeback. c. Immediate Chargeback Program (sometimes called “Immediate Full Recourse Program” in our materials). If we receive a disproportionately high number or amount of Disputed Charges relative to your prior history or industry standards, notwithstanding anything to the contrary in this Agreement, we may place you in our Immediate Chargeback program, charge you a fee or create a Reserve. Regardless of any contrary provision in the Agreement, you agree that we will have the absolute right to be reimbursed by you, or we can offset such funds from payments we would otherwise make to you, for Charges which are for any reason uncollectible due to fraud, regardless of whether we had notice of such defect at the time of purchase. We will have this right even if you have received an Authorization and have complied with all other provisions of the Agreement.
Resolution of Disputed Charges. (a) If any Owner disputes the calculation or allocation of charges for Operating Costs, Extras or any other amounts hereunder, it shall give notice of such dispute to the Operator and the other Owners setting forth the details of its dispute. If the disputing Owner and the Operator cannot satisfactorily resolve the dispute within thirty (30) days, the disputing Owner may request the dispute to be referred to the Auditors, whose decision shall be binding on the parties. Payments arising out of resolution of such disputes shall be made within ten (10) days of the resolution.
(b) If the Auditors recommend an adjustment which exceeds the lesser of $100,000 or five percent (5%) of the amount in dispute, the Auditors' fees shall be paid by the Operator. Otherwise, the disputing Owner shall pay the Auditors' fees.
