Chargebacks (a) If a Transaction is an Invalid Transaction as denoted in clause 5.2(c), or otherwise constitutes a valid Chargeback in accordance with this Agreement and any relevant Card Scheme Rules, we may in our sole discretion (without a request or demand from a Cardholder): (i) refuse to accept the Transaction; or (ii) if the Transaction has been processed, at any time within 180 days of the date of the Transaction, charge that Transaction back to you by debiting the Settlement Account or Fee Account or by otherwise exercising any right under this Agreement. (b) We may also refuse to accept or Chargeback any Transaction where: (i) the Cardholder claims the Transaction is invalid or disputes liability for any reason; (ii) you process a cancelled Recurring Transaction; or (iii) the Cardholder asserts a claim for set off or counterclaim. (c) A Transaction is an “Invalid Transaction” and may be subject to Chargeback if: (i) the Card was not valid at the time of the Transaction (for example, the Card has expired, is not yet valid, or has been cancelled or revoked); (ii) there is no signature on the Sales Receipt where required or the signature on the Sales Receipt is different to that on the Card; (iii) the Cardholder did not participate in or authorise the Transaction; (iv) you used replaced Supplied Equipment after being directed to discontinue such use; (v) the Sales Receipt has been altered without the Cardholder's authority; (vi) the Sales Receipt is incomplete or was not presented to us within the relevant timeframe; (vii) it is subject to dispute, set-off or counterclaim; (viii) it was processed to your own Card; (ix) Authorisation for the Transaction was declined for any reason; (x) it represents the refinance of an existing debt or the collection for a dishonoured cheque; (xi) it represents a transfer of funds, and not the supply of goods or services, or is a Cash Related Transaction; (xii) it is not entered into by you and the Cardholder or is not submitted by any authorised third party; (xiii) it is not processed in accordance with the Operating Procedures or any other term of this Agreement; (xiv) you issue a credit which does not have a previous offsetting sale; or (xv) it relates to or is in connection with, the sale of goods or services that are in contravention of the laws of Australia or are otherwise prohibited by us. (d) If we receive a payment from a Cardholder relating to an Invalid Transaction that has been subject to a Chargeback, we will credit the Settlement Account with an amount equal to that payment, less any amount we are entitled to withhold or set off under this Agreement. (e) Despite any contract, arrangement or understanding to the contrary, you acknowledge that a Cardholder is entitled to initiate a Chargeback of any Transaction where permitted in accordance with relevant Card Scheme Rules.
Bank Charges Borrower shall pay to Agent, on demand, any and all fees, costs or expenses which Agent or any Lender pays to a bank or other similar institution arising out of or in connection with (i) the forwarding to Borrower or any other Person on behalf of Borrower, by Agent or any Lender, of proceeds of Loans made to Borrower pursuant to this Agreement and (ii) the depositing for collection by Agent or any Lender of any check or item of payment received or delivered to Agent or any Lender on account of the Obligations.
Collection Fees If this note is placed with a legal representative for collection, then Borrower agrees to pay an attorney's fee of fifteen percent (15%) of the voluntary balance. This fee will be added to the unpaid balance of the loan.
Chargeback The Multi-sourcing Service Integrator (MSI) is responsible for developing, managing, and maintaining the Chargeback System as well as developing and coordinating the associated Service Component Providers processes, as described in Exhibit 2.1.2, Cross Functional Service SOW. The Service Component Providers are responsible for data collection, data integrity, and providing data feeds to the MSI for charging back those fees to Customers. Where applicable, the MSI manages the Chargeback unit rate development process in coordination with DIR. DIR provides the methodology, but the MSI develops the calculations and maintains the process, which may include the allocation of some, or all, of a Service Component Provider’s Charges into another Service Component Provider’s Charges for Chargeback purposes. The MSI is the financial intermediary between the Service Component Providers and DIR. In this role, the MSI provides the Services to provision and manage the Chargeback and Utilization Tracking System, Chargeback and utilization reporting, Chargeback invoice consolidation, and management of the invoice dispute process. A component of the Chargeback invoice consolidation responsibility is the reconciliation of the cumulative total of all Service Component Providers’ Monthly Invoices with the cumulative total of the Customers’ Chargeback invoices. The MSI provides DIR with the supporting detail necessary to facilitate DIR’s payment of the Monthly Invoice to each Service Component Provider. A description of the current Chargeback system, capabilities and process is described in Chargeback and Reporting Services For Pass-Through Expenses per Section 9 below, New Services, and other Services for which Service Component Provider is authorized to charge separately by DIR, Service Component Provider will provide data to the MSI to support the Charges by Customer and Customer account identifier that conforms with the requirements of Section 12.1(a), Invoice, of the Agreement. DIR provides the MSI with the chargeback methodology and the MSI makes available to DIR and Customers through the Portal the monthly chargeback volumes, rates, and extended charge per Service per Customer and Customer account identifiers. Chargeback detail for each Customer is made available in the Chargeback System via the Portal in a format that aligns with the form(s) of invoice described in Attachment 4-F, Form of Invoice. At a minimum, DIR requires Service Component Provider to provide detailed billing data by Customer, Customer account identifier, by service type and by such factors as requested by DIR. DIR is responsible for providing Service Component Provider with the factors to track, as well as the methodology to be used to indicate usage among such factors. The MSI provides detailed billing information available online in a database that lends itself to searching, ad hoc reporting, and the ability to export data. This detailed billing information, provided by the MSI, must include the current Contract Year and the previous two Contract Years’ data. Billing detail beyond this time period is archived, by the MSI, and available upon request. Service Component Provider will develop and implement changes to comply with OMB Guidance for Grants and Agreements (Title 2, Subtitle A, CFR 200) based upon chargeback requirements provided by DIR. The chargeback unit rate methodologies may be adjusted as necessary to meet federal approval or to better facilitate effective and efficient charging of the Services to DIR and Customers. For most billable Services, the chargeback methodology will distribute charges to the benefiting Customers and programs based upon proportionate usage. This approach requires appropriate utilization data be captured for each Service and used to distribute charges to the benefiting programs identified by each Customer.
CONTRACT CHARGES The Contract Charges for the Services shall be structured using any of the following pricing mechanisms (as may be agreed by the Parties and set out in an SOW); Capped Time and Materials; Price per Story; Time and Materials; Fixed Price (to be used only for Services that are ancillary to software development services); or using such other pricing mechanism or combination of pricing mechanism thereof as may be agreed by the Parties. In consideration of the Supplier’s performance of its obligations under this Contract and in consideration of the specific services that are set out in an applicable SOW, the Customer shall pay the undisputed Contract Charges in accordance with the relevant SOW for the Release and the payment provisions set out at Clause 14 (Payment and VAT). The Customer shall, in addition to the Contract Charges and following delivery by the Supplier of an Invoice, pay the Supplier a sum equal to the VAT chargeable on the value of the Services supplied in accordance with this Contract. If at any time during this Contract Period the Supplier reduces its framework Prices for any Services which are provided under the framework Agreement (whether or not such Services are offered in a catalogue (if any) which is provided under the framework Agreement) in accordance with the terms of the framework Agreement, the Supplier shall immediately reduce the Contract Charges for such Services under this Contract by the same amount. The Supplier shall in any event ensure that the Contract Charges are at all times compliant and consistent with the charging structure set out in framework Schedule 8 (Charging Structure) and do not exceed the prices set out therein. Contract Charges: