Common use of Volume Analysis Clause in Contracts

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.