Chargeback Clause Samples

A Chargeback clause defines the circumstances under which a party can reverse or reclaim payments previously made, typically in the context of disputed transactions or non-performance. In practice, this clause outlines the process for initiating a chargeback, such as notifying the other party and providing evidence of the issue, and may specify timeframes or conditions under which chargebacks are permitted. Its core function is to protect parties from financial loss due to errors, fraud, or failure to deliver agreed-upon goods or services, thereby allocating risk and ensuring accountability in financial transactions.
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Chargeback. If, at any time, we record a decline, chargeback or other rejection of a charge of any due and payable Subscription Fees on Customer’s Account (“Chargeback”), this will be considered as a breach of Customer’s payment obligations hereunder, and Customer’s use of the Service may be disabled or terminated and such use of the Service will not resume until Customer re-subscribes for any such Service, and pay any applicable Subscription Fees in full, including any fees and expenses incurred by us and/or any Third Party Service for each Chargeback received (including handling and processing charges and fees incurred by the payment processor), without derogating from any other remedy that may be applicable to us under these Terms or applicable law.
Chargeback. 23.1 If you place a chargeback with your credit card company (on purpose or by mistake) for any deposit you made in your Account with us, we reserve the right to charge a research fee to your Account upon receiving the chargeback by our merchant provider to cover our investigative expenses to prove that you did make the deposit, and you hereby authorize us to charge this amount to your credit card. 23.2 We do not tolerate credit card fraud, and all fraud, without exception, will be prosecuted through criminal proceedings in your local jurisdiction to the fullest extent of the law. In addition, we will pursue civil legal action in your local jurisdiction seeking any loss of income related to the fraud, including business, legal fees, research costs, employee down time and loss of revenues. 23.3 We employ advanced risk modelling to detect fraudulent transaction clues across our Services. Fraudulent transactions are immediately cancelled after being detected. Any active Orders associated with the same fraudulent credit card will also be cancelled immediately. We also actively leverage external, cross-industry resources -- such as worldwide fraud blacklists – to prevent fraudulent users from accessing our Online Trading Facility in the first place. 23.4 We consider credit card charge backs to be fraudulent if you make no reasonable effort to work with us to resolve any problems with your deposit. All frivolous chargebacks not only cost our employees time away from our usual and customary matters of conducting normal business, but also cost us money, therefore: a. when we detect questionable activity related to a deposit that is being made in an Account, we will ▇▇▇▇ the deposit with a “customer review in progress” status and perform fraud detection checks on the deposit to reduce your exposure to risk; during this time, you won't be able to access your Account. b. In general, we complete reviews within four (4) to six (6) hours; certain deposits posing a higher potential risk may require more time, however, as our Compliance Department performs even more extensive fraud detection checks. We may also contact you directly as a backup precaution. If we determine that a deposit is high-risk or doesn't comply with our Fraud & Security Policies, the deposit will immediately be cancelled and the funds will immediately be refunded to the credit card from which the deposit was initially made. Furthermore, in such instances, we reserve the right, at our sole discretion,...
Chargeback. The MSI is responsible for developing, managing, and maintaining the Chargeback System as well as developing and coordinating the associated processes for all other DCS Service Providers. The Service Component Providers are responsible for data collection, data integrity, and providing data feeds to the MSI for Chargeback information. The MSI will manage the Chargeback unit rate development process in coordination with DIR. DIR will provide the methodology but the MSI will develop the calculations and maintain the process, which will include the allocation of some or all of a DCS Service Provider’s Charges into another Service Component Provider’s Resource Unit for Chargeback purposes. The MSI will be the financial intermediary between the Service Component Providers and DIR. In this role, the MSI will provide all of the Services in Exhibit 2.1 Section A.2.5, to include provision and management of 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 Providers’ Monthly Invoices with the cumulative total of the DIR Customers’ Chargeback invoices. The MSI will provide DIR with the supporting detail necessary to facilitate DIR’s payment of the Monthly Invoice to each Service Provider. For all Charges that are billable on a Resource Unit basis, HSC/SSC, Transition and Transformation Charges, Pass-through Expenses, New Services, and all other services for which Service Provider is authorized to charge separately by DIR, Service Provider will provide data to the MSI to support the Charges by DIR Customer and DIR Customer account identifier that conforms with the requirements of Section 12.1 of the Agreement. DIR will provide the MSI with the blended unit rate chargeback methodology and the MSI will make available to DIR and DIR Customers through the Portal the monthly chargeback volumes, rates, and
Chargeback. 15.1. Any CHARGEBACK represents a debt immediately due and payable by MERCHANT to VALITOR. If an ISSUER exercises its rights not to settle or to undertake a CHARGEBACK in accordance with the CARD SCHEME RULES, VALITOR will immediately, and without notice, be entitled, and MERCHANT will allow VALITOR, to debit the MERCHANT BANK ACCOUNT, or to recover from MERCHANT by any other means or on any other timescales, the amount paid by VALITOR to MERCHANT in respect of that TRANSACTION. ▇▇▇▇▇▇▇’s right to do this will be as detailed in the CARD SCHEME RULES, only, and will not be affected by any arrangement between MERCHANT and the CARDHOLDER. For the avoidance of doubt, VALITOR may invoice MERCHANT for CHARGEBACK amount if VALITOR (at its sole discretion) has decided not to debit the MERCHANT BANK ACCOUNT. 15.2. The following is a non-exhaustive description of circumstances where a CHARGEBACK may arise, and there may be other parts of this MERCHANT Agreement which give rise to a CHARGEBACK or other circumstances (such as those listed in the MOI) not referred to in this MERCHANT Agreement which may give rise to a CHARGEBACK: a. the TRANSACTION is for any reason illegal or of no legal effect; b. the CARD used in the TRANSACTION no longer bears the authenticity features referred to in the MOI, or is damaged or has been changed or tampered with, or is unsigned or if any signature presented by the person presenting the CARD does not match the signature on the back of the CARD, or has expired, is not yet valid or has been cancelled or revoked, at the date of the TRANSACTION; c. the amount of the CARD TRANSACTION was a RECURRING TRANSACTION or involved an International Maestro CARD or Visa Electron CARD but the TRANSACTION was not authorised; d. MERCHANT has in any way failed to comply with the MOI, TERMINAL user manuals, VALITOR BACK OFFICE Manual or are otherwise in breach of this MERCHANT Agreement or the CARD SCHEME RULES or any other requirement that VALITOR may notify to MERCHANT from time to time in accordance with clause 33; e. the goods and/or services to be supplied by MERCHANT under the TRANSACTION have not been supplied, or are defective or not as described, or the purpose of the TRANSACTION is to credit the CARDHOLDER’s account; f. the information recorded in the sales receipt presented to the CARDHOLDER materially differs from the information contained in TRANSACTION data presented for SETTLEMENT; g. VALITOR has notified MERCHANT, whether in a list or othe...
Chargeback a. We have Chargeback rights in respect of any Charge: (i) whenever a Cardmember brings a Disputed Charge, as described in Schedule A, paragraph 5, or has rights under law to withhold payments; (ii) in case of actual or alleged fraud relating to the Charge; (iii) if you do not comply with this Agreement (including failing to obtain Authorisation or Cardmember consent or omitting any Charge Data from Charge submissions), regardless of whether we had notice when we paid you for the Charge that you did not so comply and/or whether you received Authorisation for the Charge; or (iv) as provided elsewhere in this Agreement. In the event of a Chargeback, we will not refund the Discount or any other fees or assessments, or we will otherwise recoup such amounts from you. b. We may exercise our Chargeback rights by deducting, withholding, recouping from, or offsetting against our payments to you (or debiting your Account, if you have signed a direct debit mandate), or we may notify you of your obligation to pay us, which you must do promptly and fully. Our failure to demand or take payment does not waive our Chargeback rights.
Chargeback. In the event of Chargeback, BCLC may in its sole and absolute discretion, carry out one or more of the following actions: a. suspend your Account pending resolution of any dispute relating to the Chargeback. b. request information from you regarding the circumstances of the Chargeback and provide such information to the relevant financial institution for the purposes of resolving any dispute relating to the Chargeback;
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 detaile...
Chargeback. (a) If we receive a chargeback from your credit card issuer or with respect to any other payment method for any reason, you acknowledge that we have the right, to: (i) immediately close any and all of your open positions whether a loss or a profit and liquidate your Account with or without any notice; and/or (ii) immediately place restrictions on your Account with or without any notice, including but not limited to: the restriction on making deposits using any payment method to your Account, even in cases of Margin Call, restrictions on requesting withdrawals, restrictions on opening new positions with the duration of the restriction to be set at the Company’s discretion; and/or (iii) terminate the Client Agreement. (b) Mitrade cannot be held liable for any loss, cost, or charge incurred directly or indirectly from the exercise of our rights to place restrictions on your Account as provided in Clause 17(6)(a)(ii). You further agree that the exercise of our rights under this Client Agreement does not affect, diminish, influence or alter in any way our rights to make Margin Calls under this Client Agreement.
Chargeback. The MSI is responsible for developing, managing, and maintaining the Chargeback System as well as developing and coordinating the associated processes for all other DCS Service Providers. The Service Component Providers are responsible for data collection, data integrity, and providing data feeds to the MSI for Chargeback information. The MSI will manage the Chargeback unit rate development process in coordination with DIR. DIR will provide the methodology but the MSI will develop the calculations and maintain the process, which will include the allocation of some or all of a DCS Service Provider’s Charges into another Service Component Provider’s Resource Unit for Chargeback purposes. The MSI will be the financial intermediary between the Service Component Providers and DIR. In this role, the MSI will provide all of the Services in Exhibit 2.1 Section A.2.5, to include provision and management of 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 Providers’ Monthly Invoices with the cumulative total of the DIR Customers’ Chargeback invoices. The MSI will provide DIR with the supporting detail necessary to facilitate DIR’s payment of the Monthly Invoice to each Service Provider.
Chargeback. We and our agent have Chargeback rights, as described in the Merchant Regulations. We and our agent may Chargeback by (i) deducting, withholding, recouping from, or offsetting against our payments to you or debiting your Bank Account, or we or our agent may notify you of your obligation to pay us, which you must do promptly and fully; or (ii) reversing a Charge for which we have not paid you. Our or our agent’s failure to demand payment does not waive our Chargeback rights.