Volume Analysis. BASE COMMERCE will routinely analyze Merchant origination and return activity. In the event Merchant exceeds a return rate outside the standard return rates for its industry, as determined by BASE COMMERCE in its sole and absolute discretion, BASE COMMERCE determines Merchant’s business is operating in a manner that BASE COMMERCE believes could cause a financial or legal risk, or if Merchant ceases to do business with BASE COMMERCE for any reason, BASE COMMERCE shall have the right at any time to place all of the provisional or final credit provided to Merchant for each Debit Entry originated by it into an account held by BASE COMMERCE for a period of 2 years from the last Debit Entry. The above determining factors are at the sole and absolute discretion of BASE COMMERCE. In addition to all other Merchant accounts from which BASE COMMERCE is authorized under this Agreement to obtain payment of funds owed by Merchant, BASE COMMERCE shall have the right to offset and pay itself from the account described in this paragraph for all returned Entries, chargebacks, refunds or credits issued, fees, damages (including liquidated damages), or other costs and expenses (including attorneys’ fees and costs) that may arise out of ACH processing for Merchant and for which Merchant has agreed to pay BASE COMMERCE pursuant to the terms of this Agreement. Additionally, if the Merchant’s average transaction volume drops by more than 75% or Merchant processes less than 75% of the projected volume set forth in the Requested Transaction Volume section in the Application, BASE COMMERCE may increase Merchant’s fees without prior notice to Merchant.
Volume Analysis. TSYS or its Third-Party Sender will routinely analyze Merchant origination and return activity. In the event the Merchant exceeds its established threshold parameters or ceases to do business with TSYS or its Third-Party Sender, TSYS or its Third-Party Sender shall have the right at any time to place all of the provisional or final credit provided to Merchant for each Debit Entry originated by it in an account held by TSYS or its Third-Party Sender for a period of two years from the last Debit Entry. TSYS or its Third-Party Sender shall have the right to offset against amounts owed to Merchant for all returned Entries, fees, damages, or other costs that may arise out of ACH processing for the Merchant.
Volume Analysis. TransFirst or its Third-Party Sender will routinely analyze Client origination and return activity. In the event the Client exceeds its established threshold parameters or ceases to do business with TransFirst or its Third-Party Sender, TransFirst or its Third-Party Sender shall have the right at any time to place all of the provisional or final credit provided to Client for each Debit Entry originated by it in an account held by TransFirst or its Third-Party Sender for a period of two years from the last Debit Entry. TransFirst or its Third-Party Sender shall have the right to offset against amounts owed to Client for all returned Entries, fees, damages, or other costs that may arise out of ACH processing for the Client.
Volume Analysis. Company, through its Third-Party Sender, will routinely analyze Merchant origination and return activity. In the event Merchant exceeds its established Returns Threshold, ceases to do business with Company, or Third-Party Sender ceases to process transactions for Merchant under this Agreement for any reason, Third-Party Sender shall have the right at any time to place all of the provisional or final credit that would otherwise be provided to Company for the purpose of funding Merchant for each Debit Entry originated by it into an account held by Third-Party Sender for a period of 24 months from the last Debit Entry. Third-Party Sender shall have the right to offset against amounts paid to Company for the purpose of funding Merchant for all Returned Entries, fees, damages, or other costs that may arise out of ACH processing for the Merchant. Neither Company nor Third-Party Sender shall have any liability whatsoever to Merchant for the retention of funds or maintenance of the account described in this Paragraph.
Volume Analysis. TransFirst or its Third-Party Sender will routinely analyze Merchant origination and return activity. In the event the Merchant exceeds its established threshold parameters or ceases to do business with TransFirst or its Third-Party Sender, TransFirst or its Third-Party Sender shall have the right at any time to place all of the provisional or final credit provided to Merchant for each Debit Entry originated by it in an account held by TransFirst or its Third-Party Sender for a period of two years from the last Debit Entry. TransFirst or its Third-Party Sender shall have the right to offset against amounts owed to Merchant for all returned Entries, fees, damages, or other costs that may arise out of ACH processing for the Merchant.
Volume Analysis. TSYS w ill routinely analyze Merchant origination and return activity. In the event Merchant exceeds a return rate outside the standard return rates for its industry, as determined by TSYS in its sole and absolute discretion, TSYS determines Merchant’s business is operating in a manner that TSYS believes could cause a financial or legal risk, or if Merchant ceases to do business w ith TSYS for any reason, TSYS shall have the right at any time to place all of the provisional or final credit provided to Merchant for each Debit Entry originated by it into an account held by TSYS for a period of tw o (2) years from the last Debit Entry. The above determining factors are at the sole and absolute discretion of TSYS. In addition to all other Merchant accounts from w hich TSYS is authorized under this Agreement to obtain payment of funds ow ed by Merchant, TSYS shall have the right to offset and pay itself from the account described in this paragraph for all returned Entries, chargebacks, refunds or credits issued, fees, damages (including liquidated damages), or other costs and expenses (including attorneys’ fees and costs) that may arise out of ACH processing for Merchant and for w hich Merchant has agreed to pay TSYS pursuant to the terms of this Agreement. Additionally, if the Merchant’s average transaction volume drops by more than seventy-five percent (75%) or Merchant processes less than 75% of the projected volume set forth in the Requested Transaction Volume section in the Application, TSYS may increase Merchant’s fees w ithout prior notice to Merchant.
Volume Analysis. Processor will routinely analyze Merchant origination and return activity. In the event Merchant exceeds a return rate outside the standard return rates for its industry, as determined by Processor in its sole and absolute discretion, Processor determines Merchant’s business is operating in a manner that Processor believes could cause a financial or legal risk, or if Merchant ceases to do business with Processor for any reason, Processor shall have the right at any time to place all of the provisional or final credit provided to Merchant for each Debit Entry originated by it into an account held by Processor for a period of 6 months from the last Debit Entry. The above determining factors are at the sole and absolute discretion of Processor. In addition to all other Merchant accounts from which Processor is authorized under this Agreement to obtain payment of funds owed by Merchant, Processor shall have the right to offset and pay itself from the account described in this paragraph for all returned Entries, chargebacks, refunds or credits issued.
