Common use of Unusual and Suspicious Transactions; Account Monitoring Clause in Contracts

Unusual and Suspicious Transactions; Account Monitoring. (a) Merchant acknowledges that Servicers will monitor Merchant's daily deposit activity for purposes of monitoring compliance with this Agreement. Merchant agrees that Merchant's deposit activity will remain consistent with the "approved" monthly volume and average ticket amount approved on the Merchant Application and/or by Servicers. Servicers may require additional documentation if Merchant should exceed "approved" monthly volume or average ticket, and Merchant agrees promptly to provide such documentation upon request. Merchant agrees that Servicers may, in their sole discretion, elect not to process volumes over the approved monthly volume or overlimit transactions, and/or to terminate processing of Card transactions for cause in the event of overlimit or excessive activity. Merchant further agrees that Servicers may, in their sole discretion, suspend the disbursement of Merchant's funds for any reasonable period of time required to investigate suspicious or unusual deposit activity and that such suspension may subject Merchant to additional suspension fees as set forth herein. Servicers will make good faith efforts to notify Merchant of such suspension as promptly as is commercially reasonable, but no liability shall accrue against Servicers if such notice is not so provided. Servicers shall have no liability for any losses, either direct or indirect, which Merchant may attribute to any suspension of funds disbursement. (b) In the event of suspension arising from a suspicious or unusual Card transaction, Merchant agrees that the Account may be charged a Security Processing Fee equal to the product of (i) 101%, and (ii) the amount of the suspended Card transaction. In addition, if the suspended Card transaction or unusual or suspicious activity exceeds $3,000, an additional $100 Investigative Fee may be assessed for each such event. These fees do not limit any other rights or remedies of Servicers under this Agreement. (c) If a batch is suspended by Servicers, Merchant acknowledges that the consumer's product or service must be delivered just as if Merchant has been paid. Further, if a batch or a Card transaction is suspended, Merchant acknowledges that fees associated with the Card transactions will be charged including security fees. (d) Merchant's presentation to Servicers of Excessive Activity will be a breach of this Agreement and a cause for immediate termination of this Agreement. "Excessive Activity" means, during any monthly period and for any one of Merchant's terminal identification numbers or merchant identification numbers, (i) Chargebacks and/or retrieval requests in excess of 1% of the average monthly dollar amount of Card transactions, (ii) returns in excess of 3% of the average monthly dollar amount of Card transactions, or (iii) processing an average ticket above the amount approved by Servicers. Merchant authorizes, upon the occurrence of Excessive Activity, Servicers to take additional actions as they may deem necessary, including, but not limited to, suspension of processing privileges or creation or maintenance of a Reserve Account in accordance with this Agreement.

Unusual and Suspicious Transactions; Account Monitoring. (a) Merchant acknowledges that Servicers will monitor Merchant's ’s daily deposit activity for purposes of monitoring compliance with this Agreement. Merchant agrees that Merchant's ’s deposit activity will remain consistent with the "“approved" ” monthly volume and average ticket amount approved on the Merchant Application and/or by Servicers. Servicers may require additional documentation if Merchant should exceed "“approved" ” monthly volume or average ticket, and Merchant agrees promptly to provide such documentation upon request. Merchant agrees that Servicers may, in their sole discretion, (i) elect not to process volumes over the approved monthly volume or overlimit transactions, and/or (ii) to terminate processing of Card transactions for cause in the event of overlimit or excessive activity, and/or (iii) modify Merchant’s “approved” monthly volume or high ticket based on, without limitation, industry or risk-based data available to Servicers, including in relation to Merchant’s MCC. Merchant further agrees that Servicers may, in their sole discretion, suspend the disbursement of Merchant's ’s funds for any reasonable period of time required to investigate suspicious or unusual deposit activity and that such suspension may subject Merchant to additional suspension fees as set forth herein. Servicers will make good faith efforts to notify Merchant of such suspension as promptly as is commercially reasonable, but no liability shall accrue against Servicers if such notice is not so provided. Servicers shall have no liability for any losses, either direct or indirect, which Merchant may attribute to any suspension of funds disbursement. (b) In the event of suspension arising from a suspicious or unusual Card transaction, Merchant agrees that the Account may be charged a Security Processing Fee equal to the product of (i) 101%, and (ii) the amount of the $100 per suspended Card transaction. In additiontransaction and, if the suspended Card transaction or unusual or suspicious activity exceeds $3,000, an additional $100 Investigative Fee may be maybe assessed for each such event. These fees do not limit , without limiting any other rights or remedies of Servicers under this Agreement; provided that the actual assessment of the Fee set forth in this section is up to the discretion of the Servicers and non-assessment of such Fee in any circumstance shall not act as a waiver of such fee in the future. (c) If a batch is suspended by Servicers, Merchant acknowledges that the consumer's ’s product or service must be delivered just as if Merchant has been paid. Further, if a batch or a Card transaction is suspended, Merchant acknowledges that fees associated with the Card transactions will be charged including security fees. (d) Merchant's ’s presentation to Servicers of Excessive Activity will be a breach of this Agreement and a cause for immediate termination of this Agreement. "“Excessive Activity" ” means, during any monthly period and for any one of Merchant's ’s terminal identification numbers or merchant identification numbers, (i) Chargebacks and/or retrieval requests in excess of 1% of the average monthly dollar amount of Card transactions, (ii) returns in excess of 3% of the average monthly dollar amount of Card transactions, or (iii) processing an average ticket above the amount approved by Servicers. Merchant authorizes, upon the occurrence of Excessive Activity, Servicers to take additional actions as they may deem necessary, including, but not limited to, suspension of processing privileges or creation or maintenance of a Reserve Account in accordance with this Agreement.

Unusual and Suspicious Transactions; Account Monitoring. (a) Merchant acknowledges that Servicers will monitor Merchant's daily deposit activity for purposes of monitoring compliance with this Agreement. Merchant agrees that Merchant's deposit activity will remain consistent with the "approved" monthly volume and average ticket amount approved on the Merchant Application and/or by Servicers. Servicers may require additional documentation if Merchant should exceed "approved" monthly volume or average ticket, and Merchant agrees promptly to provide such documentation upon request. Merchant agrees that Servicers may, in their sole discretion, elect not to process volumes over the approved monthly volume or overlimit transactions, and/or to terminate processing of Card transactions for cause in the event of overlimit or excessive activity. Merchant further agrees that Servicers may, in their sole discretion, suspend the disbursement of Merchant's funds for any reasonable period of time required to investigate suspicious or unusual deposit activity and that such suspension may subject Merchant to additional suspension fees as set forth herein. Servicers will make good faith efforts to notify Merchant of such suspension as promptly as is commercially reasonable, but no liability shall accrue against Servicers if such notice is not so provided. Servicers shall have no liability for any losses, either direct or indirect, which Merchant may attribute to any suspension of funds disbursement. (b) In the event of suspension arising from a suspicious or unusual Card transaction, Merchant agrees that the Account may be charged a Security Processing Fee equal to the product of (i) 101%, and (ii) the amount of the $100 per suspended Card transaction. In additiontransaction and, if the suspended Card transaction or unusual or suspicious activity exceeds $3,000, an additional $100 Investigative Fee may be assessed for each such event. These fees do not limit , without limiting any other rights or remedies of Servicers under this Agreement. (c) If a batch is suspended by Servicers, Merchant acknowledges that the consumer's product or service must be delivered just as if Merchant has been paid. Further, if a batch or a Card transaction is suspended, Merchant acknowledges that fees associated with the Card transactions will be charged including security fees. (d) Merchant's presentation to Servicers of Excessive Activity will be a breach of this Agreement and a cause for immediate termination of this Agreement. "Excessive Activity" means, during any monthly period and for any one of Merchant's terminal identification numbers or merchant identification numbers, (i) Chargebacks and/or retrieval requests in excess of 1% of the average monthly dollar amount of Card transactions, (ii) returns in excess of 3% of the average monthly dollar amount of Card transactions, or (iii) processing an average ticket above the amount approved by Servicers. Merchant authorizes, upon the occurrence of Excessive Activity, Servicers to take additional actions as they may deem necessary, including, but not limited to, suspension of processing privileges or creation or maintenance of a Reserve Account in accordance with this Agreement.

Unusual and Suspicious Transactions; Account Monitoring. (a) Merchant acknowledges that Servicers will monitor Merchant's ’s daily deposit activity for purposes of monitoring compliance with this Agreement. Merchant Xxxxxxxx agrees that Merchant's Xxxxxxxx’s deposit activity will remain consistent with the "“approved" ” monthly volume and average ticket amount approved on the Merchant Application and/or by Servicers. Servicers may require additional documentation if Merchant should exceed "“approved" ” monthly volume or average ticket, and Merchant Xxxxxxxx agrees promptly to provide such documentation upon request. Merchant Xxxxxxxx agrees that Servicers may, in their sole discretion, elect not to process volumes over the approved monthly volume or overlimit transactions, and/or to terminate processing of Card transactions for cause in the event of overlimit or excessive activity. Merchant Xxxxxxxx further agrees that Servicers may, in their sole discretion, suspend the disbursement of Merchant's Xxxxxxxx’s funds for any reasonable period of time required to investigate suspicious or unusual deposit activity and that such suspension may subject Merchant to additional suspension fees as set forth herein. Servicers will make good faith efforts to notify Merchant of such suspension as promptly as is commercially reasonable, but no liability shall accrue against Servicers if such notice is not so provided. Servicers shall have no liability for any losses, either direct or indirect, which Merchant may attribute to any suspension of funds disbursement. (b) In the event of suspension arising from a suspicious or unusual Card transaction, Merchant Xxxxxxxx agrees that the Account may be charged a Security Processing Fee equal to the product of (i) 101%, and (ii) the amount of the $100 per suspended Card transaction. In additiontransaction and, if the suspended Card transaction or unusual or suspicious activity exceeds $3,000, an additional $100 Investigative Fee may be maybe assessed for each such event. These fees do not limit , without limiting any other rights or remedies of Servicers under this Agreement; provided that the actual assessment of the Fee set forth in this section is up to the discretion of the Servicers and non-assessment of such Fee in any circumstance shall not act as a waiver of such fee in the future. (c) If a batch is suspended by Servicers, Merchant acknowledges that the consumer's ’s product or service must be delivered just as if Merchant has been paid. Further, if a batch or a Card transaction is suspended, Merchant acknowledges that fees associated with the Card transactions will be charged including security fees. (d) Merchant's Xxxxxxxx’s presentation to Servicers of Excessive Activity will be a breach of this Agreement and a cause for immediate termination of this Agreement. "“Excessive Activity" ” means, during any monthly period and for any one of Merchant's ’s terminal identification numbers or merchant identification numbers, (i) Chargebacks and/or retrieval requests in excess of 1% of the average monthly dollar amount of Card transactions, (ii) returns in excess of 3% of the average monthly dollar amount of Card transactions, or (iii) processing an average ticket above the amount approved by Servicers. Merchant authorizes, upon the occurrence of Excessive Activity, Servicers to take additional actions as they may deem necessary, including, but not limited to, suspension of processing privileges or creation or maintenance of a Reserve Account in accordance with this Agreement.

Unusual and Suspicious Transactions; Account Monitoring. (a) Merchant acknowledges that Servicers will monitor Merchant's ’s daily deposit activity for purposes of monitoring compliance with this Agreement. Merchant agrees that Merchant's ’s deposit activity will remain consistent with the "“approved" ” monthly volume and average ticket amount approved on the Merchant Application and/or by Servicers. Servicers may require additional documentation if Merchant should exceed "“approved" ” monthly volume or average ticket, and Merchant agrees promptly to provide such documentation upon request. Merchant agrees that Servicers may, in their sole discretion, elect not to process volumes over the approved monthly volume or overlimit transactions, and/or to terminate processing of Card transactions for cause in the event of overlimit or excessive activity. Merchant further agrees that Servicers may, in their sole discretion, suspend the disbursement of Merchant's ’s funds for any reasonable period of time required to investigate suspicious or unusual deposit activity and that such suspension may subject Merchant to additional suspension fees as set forth herein. Servicers will make good faith efforts to notify Merchant of such suspension as promptly as is commercially reasonable, but no liability shall accrue against Servicers if such notice is not so provided. Servicers shall have no liability for any losses, either direct or indirect, which Merchant may attribute to any suspension of funds disbursement. (b) In the event of suspension arising from a suspicious or unusual Card transaction, Merchant agrees that the Account may be charged a Security Processing Fee equal to the product of (i) 101%, and (ii) the amount of the $100 per suspended Card transaction. In additiontransaction and, if the suspended Card transaction or unusual or suspicious activity exceeds $3,000, an additional $100 Investigative Fee may be maybe assessed for each such event. These fees do not limit , without limiting any other rights or remedies of Servicers under this Agreement; provided that the actual assessment of the Fee set forth in this section is up to the discretion of the Servicers and non-assessment of such Fee in any circumstance shall not act as a waiver of such fee in the future. (c) If a batch is suspended by Servicers, Merchant acknowledges that the consumer's ’s product or service must be delivered just as if Merchant has been paid. Further, if a batch or a Card transaction is suspended, Merchant acknowledges that fees associated with the Card transactions will be charged including security fees. (d) Merchant's ’s presentation to Servicers of Excessive Activity will be a breach of this Agreement and a cause for immediate termination of this Agreement. "“Excessive Activity" ” means, during any monthly period and for any one of Merchant's ’s terminal identification numbers or merchant identification numbers, (i) Chargebacks and/or retrieval requests in excess of 1% of the average monthly dollar amount of Card transactions, (ii) returns in excess of 3% of the average monthly dollar amount of Card transactions, or (iii) processing an average ticket above the amount approved by Servicers. Merchant authorizes, upon the occurrence of Excessive Activity, Servicers to take additional actions as they may deem necessary, including, but not limited to, suspension of processing privileges or creation or maintenance of a Reserve Account in accordance with this Agreement.

Unusual and Suspicious Transactions; Account Monitoring. (a) Merchant acknowledges that Servicers will monitor Merchant's daily deposit activity for purposes of monitoring compliance with this Agreement. Merchant agrees that Merchant's deposit activity will remain consistent with the "approved" monthly volume and average ticket amount approved on the Merchant Application and/or by Servicers. Servicers may require additional documentation if Merchant should exceed "approved" monthly volume or average ticket, and Merchant agrees promptly to provide such documentation upon request. Merchant agrees that Servicers may, in their sole discretion, elect not to process volumes over the approved monthly volume or overlimit transactions, and/or to terminate processing of Card transactions for cause in the event of overlimit or excessive activity. Merchant further agrees that Servicers may, in their sole discretion, suspend the disbursement of Merchant's funds for any reasonable period of time required to investigate suspicious or unusual deposit activity and that such suspension may subject Merchant to additional suspension fees as set forth herein. Servicers will make good faith efforts to notify Merchant of such suspension as promptly as is commercially reasonable, but no liability shall accrue against Servicers if such notice is not so provided. Servicers shall have no liability for any losses, either direct or indirect, which Merchant may attribute to any suspension of funds disbursement. (b) In the event of suspension arising from a suspicious or unusual Card transaction, Merchant agrees that the Account may be charged a Security Processing Fee equal to the product of (i) 101%, and (ii) the amount of the $100 per suspended Card transaction. In additiontransaction and, if the suspended Card transaction or unusual or suspicious activity exceeds $3,000, an additional $100 Investigative Fee may be maybe assessed for each such event. These fees do not limit , without limiting any other rights or remedies of Servicers under this Agreement; provided that the actual assessment of the Fee set forth in this section is up to the discretion of the Servicers and non-assessment of such Fee in any circumstance shall not act as a waiver of such fee in the future. (c) If a batch is suspended by Servicers, Merchant acknowledges that the consumer's product or service must be delivered just as if Merchant has been paid. Further, if a batch or a Card transaction is suspended, Merchant acknowledges that fees associated with the Card transactions will be charged including security fees. (d) Merchant's presentation to Servicers of Excessive Activity will be a breach of this Agreement and a cause for immediate termination of this Agreement. "Excessive Activity" means, during any monthly period and for any one of Merchant's terminal identification numbers or merchant identification numbers, (i) Chargebacks and/or retrieval requests in excess of 1% of the average monthly dollar amount of Card transactions, (ii) returns in excess of 3% of the average monthly dollar amount of Card transactions, or (iii) processing an average ticket above the amount approved by Servicers. Merchant authorizes, upon the occurrence of Excessive Activity, Servicers to take additional actions as they may deem necessary, including, but not limited to, suspension of processing privileges or creation or maintenance of a Reserve Account in accordance with this Agreement.

Unusual and Suspicious Transactions; Account Monitoring. (a) Merchant acknowledges that Servicers will monitor Merchant's daily deposit activity for purposes of monitoring compliance with this Agreement. Merchant agrees that Merchant's deposit activity will remain consistent with the "approved" monthly volume and average ticket amount approved on the Merchant Application and/or by Servicers. Servicers may require additional documentation if Merchant should exceed "approved" monthly volume or average ticket, and Merchant agrees promptly to provide such documentation upon request. Merchant agrees that Servicers may, in their sole discretion, elect not to process volumes over the approved monthly volume or overlimit transactions, and/or to terminate processing of Card transactions for cause in the event of overlimit or excessive activity. Merchant further agrees that Servicers may, in their sole discretion, suspend the disbursement of Merchant's funds for any reasonable period of time required to investigate suspicious or unusual deposit activity and that such suspension may subject Merchant to additional suspension fees as set forth herein. Servicers will make good faith efforts to notify Merchant of such suspension as promptly as is commercially reasonable, but no liability shall accrue against Servicers if such notice is not so provided. Servicers shall have no liability for any losses, either direct or indirect, which Merchant may attribute to any suspension of funds disbursement. (b) In the event of suspension arising from a suspicious or unusual Card transaction, Merchant agrees that the Account may be charged a Security Processing Fee equal to the product of of (ic) 101%, and (ii) the amount of the $100 per suspended Card transaction. In additiontransaction and, if the suspended Card transaction or unusual or suspicious activity exceeds $3,000, an additional $100 Investigative Fee may be assessed for each such event. These fees do not limit , without limiting any other rights or remedies of Servicers under this Agreement. (cd) If a batch is suspended by Servicers, Merchant acknowledges that the consumer's product or service must be delivered just as if Merchant has been paid. Further, if a batch or a Card transaction is suspended, Merchant acknowledges that fees associated with the Card transactions will be charged including security fees. (de) Merchant's presentation to Servicers of Excessive Activity will be a breach of this Agreement and a cause for immediate termination of this Agreement. "Excessive Activity" means, during any monthly period and for any one of Merchant's terminal identification numbers or merchant identification numbers, (i) Chargebacks and/or retrieval requests in excess of 1% of the average monthly dollar amount of Card transactions, (ii) returns in excess of 3% of the average monthly dollar amount of Card transactions, or (iii) processing an average ticket above the amount approved by Servicers. Merchant authorizes, upon the occurrence of Excessive Activity, Servicers to take additional actions as they may deem necessary, including, but not limited to, suspension of processing privileges or creation or maintenance of a Reserve Account in accordance with this Agreement.