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 otherwise, that the CARD is fraudulent, lost or stolen; h. two or more sets of TRANSACTION data have been completed or sent for SETTLEMENT in respect of a single CARD TRANSACTION; i. the TRANSACTION is not directly between MERCHANT and the CARDHOLDER, or where MERCHANT had or ought to have had reasonable doubts that the person presenting the CARD is not the CARDHOLDER;
Appears in 1 contract
Sources: Merchant Acquiring Agreement
Chargeback. 15.1. Any CHARGEBACK represents a debt immediately due and payable by MERCHANT a. Notwithstanding any provision of this Agreement to VALITOR. If an ISSUER exercises its rights not the contrary or any authorization given in relation to settle or to undertake a CHARGEBACK in accordance with the CARD SCHEME RULESsuch Credit Card transaction, VALITOR will immediately, and without notice, MCC shall be entitled, without giving any reason, to refuse payment as stated under 9.1.a above to the MERCHANT of all or part of any amount of any Card Transaction and to be compensated or indemnified of whatever losses that it may incur, in case of any of the following events (each a Chargeback Event) occurs:
i. The Cardholder disputes the nature, quality, use or fitness of the goods sold and/or services rendered under the Card Transaction, or alleges that the MERCHANT has breached the terms of the contract of sale or service entered into between the MERCHANT and the credit cardholder or any representation or warranty made by the MERCHANT to the credit cardholder;
ii. The Cardholder disputes or denies that the Card Transaction was effected by him or the contract of sale or service with the MERCHANT was entered into by him or delivery of the goods sold and/or performance of the services rendered under the Card Transaction was received by him. MCC shall refer to the MERCHANT all transaction/s disputed by the credit cardholder and MERCHANT will allow VALITOR, undertakes to debit resolve the dispute with the Cardholder within five (5) business days upon receipt of advice from MCC. Disputed transaction(s) which the MERCHANT BANK ACCOUNThas failed to resolve within the aforestated period shall be automatically charged back by MCC to the MERCHANT;
iii. The contract of sale or service entered into between the MERCHANT and the Cardholder in relation to the goods and/or services rendered under the Card Transaction is illegal, contrary to law, public order, public policy, public morals, good customs, and those transactions that are inexistent and void from the beginning under Article 1409 of the Civil Code of the Philippines;
iv. Payment in relation to the Card Transaction has been mistakenly or wrongly made by MCC or the Cardholder to the MERCHANT;
v. No authorization and/or authorization code numbers were sought by and/or granted to the MERCHANT for the Card Transaction as required under this agreement;
vi. The Credit Card used for the Card Transaction is not a valid Credit Card and/or has been listed in any warning bulletin;
vii. The Cardholder alleges that the Transaction Draft or Charge Slips has been drawn or altered without his consent or authority;
viii. The Transaction Draft / Charge Slips is not signed by the Cardholder or any part of it is illegible;
ix. The copy of any Transaction Draft/Charge Slips or any document required to be signed by the Cardholder in relation to any Card Transaction presented to MCC or retained by the PLEASE SIGN ON ALL PAGES
x. The MERCHANT does not furnish MCC the original copy of the Transaction Draft/Charge Slip or a copy of it, invoice or other document or record relating to the Card Transaction forthwith upon request of MCC;
xi. The MERCHANT does not comply with any of its obligations or the requirements under this agreement in relation to any Card Transaction or any security measures or guidelines relating to this agreement issued by MCC;
xii. There has been a breach by the MERCHANT of any other of its obligations under this agreement not specified herein, or to recover from MERCHANT by of any other means agreement entered into between the MERCHANT and MCC or on of any other timescalesobligation whatsoever owed by the MERCHANT to MCC, whether or not related to this agreement;
xiii. The MERCHANT processed the same Card Transaction more than once; or
xiv. The occurrence of fraud and other similar events determined by MCC, Visa International, MasterCard International or any other issuer of any Credit Card and notified by MCC as a Chargeback Event.
xv. In cases of disputed transactions processed as CNP, chargeback will be affected without notice of confirmation from MCC.
b. If any of the foregoing Chargeback Event occurs, MCC has the right not to accept the transactions and chargeback such to the MERCHANT via a Chargeback Advice.
c. The amount paid corresponding to the Chargeback (“Chargeback Amount”) shall first be applied by VALITOR to MERCHANT in respect of that TRANSACTION. MCC against the future ▇▇▇▇▇▇▇’s right ▇ of the MERCHANT. If no sum or payment is due to do this the MERCHANT that will allow MCC to deduct/set-off the Chargeback Amount, MCC shall seek reimbursement from the MERCHANT of the Chargeback Amount, upon which the MERCHANT shall reimburse MCC immediately upon receipt of a demand. If despite receipt of such demand, MERCHANT fails to reimburse MCC, MERCHANT hereby expressly authorizes MCC to deduct the Chargeback Amount due without need of demand or any further act or deed, against any money, securities and things of value which are now or may hereinafter be as detailed in the CARD SCHEME RULESpossession of MCC or any of its subsidiaries and affiliates.
d. MCC shall also enjoy and exercise preferential lien on the stocks, onlyinventories, properties, banks accounts and all other forms of monetary deposits and investments of the MERCHANT. Accordingly, upon failure of the MERCHANT to reimburse MCC for any duly paid Transaction Draft or Sales Slip, whether arising from a Chargeback Advice or such other amount due to MCC under this Agreement, MCC is fully authorized and empowered by the MERCHANT as its attorney-in-fact to take possession of the MERCHANT’s stock inventories and properties, to forthwith sell the same at public auction or private sale, and will not be affected by any arrangement between MERCHANT and to apply 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 proceeds thereof 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 payment of the CARDMERCHANT’s unpaid obligations and expenses of sale; Provided, or has expiredhowever, 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 that 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 excess shall 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 turned over 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 otherwise, that the CARD is fraudulent, lost or stolen; h. two or more sets of TRANSACTION data have been completed or sent for SETTLEMENT in respect of a single CARD TRANSACTION; i. the TRANSACTION is not directly between MERCHANT and the CARDHOLDER, or where MERCHANT had or ought to have had reasonable doubts that the person presenting the CARD is not the CARDHOLDER;.
Appears in 1 contract
Sources: Merchant Agreement
Chargeback. 15.1. a. Any CHARGEBACK represents a debt immediately due and payable Transaction entered by MERCHANT to VALITOR. If an ISSUER exercises its rights not to settle or to undertake a CHARGEBACK the Merchant in accordance with any of the CARD SCHEME RULES, VALITOR will immediately, and without notice, following circumstances shall 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 final responsibility of that TRANSACTION. ▇▇▇▇▇▇▇▇ notwithstanding that the Transaction was accepted or paid by Worldline and the Merchant agrees to Worldline charging back of the Transaction without any demur or protest: The payments including but not limited to the following shall be deemed to be un-collectable:
i. Transactions which are not in conformity with the provisions of this Terms and Conditions;
ii. Transactions using a Card being shown as stolen/captured/pickup as an authorization response;
iii. Transactions beyond the validity date shown on the Card;
iv. Transactions where the Card is altered or mutilated or the Card face or signature panel strip is not normal;
v. Transactions which are fraudulent, collusive, illegal or otherwise irregular in any manner whatsoever;
vi. Transactions incurred outside the territory authorised for use of the Card;
vii. Transactions where the signature of the Customer on the Chargeslip is not the same as that on the Card;
viii. Transactions incurred by forgery of the Customer’s signature on the Chargeslip;
ix. Transactions where the Chargeslip is incomplete or illegible as to the name of the Customer or other details or does not bear the proper signature of the Customer or is otherwise irregular;
x. Transactions received by Worldline after 5 days of its date appearing on the Chargeslip;
xi. Transactions which were previously billed by ▇▇▇▇▇▇▇▇ directly to the Customer;
xii. Transactions in excess of the floor limit not separately Authorised;
xiii. any charge for merchandise or service sold or provided to the Customer at a price which is in excess of the advertised price or in excess of the price charged to the general public for the goods or service;
xiv. Transactions for undelivered merchandise or service;
xv. Transactions which the Customer refuses to pay because the merchandise or service were not as promised or were defective;
xvi. Transactions where the Customer asserts a claim for set-off or counter claim against the Merchant or disputes his liability for any reason whatsoever;
xvii. Transactions where the Transaction is split by the Merchant in more than one Transactions with a view to circumvent the approval parameters of the Issuer;
xviii. Transactions in respect of which a Customer’s complaint or request for an adjustment has not been resolved in given time line; and
xix. Transactions which are transacted, recorded or submitted otherwise than in accordance with this Terms and Conditions.
xx. Any payments involving the alleged forgery or alleged fraudulent usage of the Customer’s Valid Card, or that of the card number, card expiry date, Customer name, transaction amount, etc. of whatsoever nature. In such an event Worldline shall not be required to check the veracity of any alleged fraud and shall be entitled, prima facie, to rely upon the allegation made by the Customer.
xxi. Any payment which the Customer refuses to honour or demands a refund of because the Product purchased from the Merchant was not as promised or was defective, deficient, incomplete and /or unsatisfactory for any valid reason whatsoever;.
xxii. Any charge/debit which is a Suspect Charge and it is determined after due enquiry and investigation within six (6) months that any Suspect Charge(s) is not a Valid Charge;
xxiii. Any charge/debit, the settlement of which is done more than 7 days after the charge/debit was authorized by Worldline to the Merchant.
xxiv. Any charge / debit arising out of any alleged hacking, breach of security or encryption (if any) that may be utilized by the Merchant from time to time.
xxv. Any charge processed wherein the Merchant fails to provide Worldline with the Proof of Fulfillment within 3 working days (three) from the date of Worldline’s communication to the Merchant requesting the same.
xxvi. Any charges without prior authorization of Worldline as provided therein.
b. If Worldline is entitled to Chargeback any Transaction or if Worldline is entitled to payment or reimbursement from the Merchant of any amount under this Terms and Conditions, Worldline may at its discretion, give effect to such Chargeback entitlement through any one or more of the following methods:
I. deduction of the relevant amount or any part thereof from any account whatsoever of Merchant with any Worldline or the Facility Providers without prejudice or limitation to Worldline ’s right to do this will be as detailed set-off, transfer and applications of funds 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 effectlaw;
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 II. deduction of the CARD, relevant amount or has expired, is not yet valid or has been cancelled or revoked, at the date of the TRANSACTIONany part thereof from any payments to Merchant;
c. III. billing Merchant for the relevant bill/ amount or any part thereof and Merchant agreeing to pay the amount of the CARD TRANSACTION was a RECURRING TRANSACTION bill forthwith upon receipt of the same without any demur or involved an International Maestro CARD or Visa Electron CARD but the TRANSACTION was not authorisedprotest;
d. MERCHANT has in c. If there is insufficient funds available therein; the Merchant shall on receipt of the e-mail from Worldline and/ or claim from Worldline undertakes forthwith without any way failed demur, protest, dispute or delay, to comply with pay Worldline, the MOI, TERMINAL user manuals, VALITOR BACK OFFICE Manual or are otherwise in breach amount of this MERCHANT Agreement or the CARD SCHEME RULES or dispute / refund to the extent to which such funds proves inadequate. Without prejudice to any other requirement of Worldline’s rights and remedies, in the event that VALITOR the Merchant does not make any payment to Worldline by its due date or on demand as required under this Terms and Conditions, Worldline shall be entitled to charge daily interest on such overdue amount from the due date of demand (as the case may notify be) until the date of payment in full, at the rate of 2.5% per month, as well after as before judgment.
d. Where the Merchant is a partnership or a proprietary concern and a partner(s)/ the proprietor is in his individual capacity a Customer, such partner/ proprietor shall not use his Card for the purchase of goods from the Merchant and thereby seek to MERCHANT utilize the payment received from time to time in accordance with clause 33;Worldline against such purchases. Such Transaction shall not constitute valid charges and Worldline shall not be liable for payment of such Transaction.
e. Worldline, on reasonable ground and its sole and exclusive opinion can suspend the goods and/or services payment 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 Merchant in the sales receipt presented event of potential chargeback, fraud and other financial losses arising from the transactions processed by the Merchant and same will be intimated 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 otherwise, that the CARD is fraudulent, lost or stolen; h. two or more sets of TRANSACTION data have been completed or sent for SETTLEMENT in respect of a single CARD TRANSACTION; i. the TRANSACTION is not directly between MERCHANT and the CARDHOLDER, or where MERCHANT had or ought to have had reasonable doubts that the person presenting the CARD is not the CARDHOLDER;Merchant.
Appears in 1 contract
Sources: General Terms and Conditions for Electronic Payments
Chargeback. 15.1. Any CHARGEBACK represents a debt immediately due and payable by MERCHANT The Bank shall be entitled at any time to VALITOR. If an ISSUER exercises its rights not refuse total or partial payment to settle or the Merchant or, if the payment has been made, and/or to undertake a CHARGEBACK in accordance debit/hold the account of the Merchant with such amount and/or to seek immediate reimbursement from the CARD SCHEME RULES, VALITOR will immediately, and without notice, be entitled, and MERCHANT will allow VALITOR, Merchant for any amount already paid 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 Merchant in the CARD SCHEME RULES, only, event of a breach by the Merchant of any of the terms 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 conditions of this MERCHANT Agreement which give rise including but not limited to a CHARGEBACK or other circumstances (such as those listed in any of the MOIfollowing situations;
a) not referred to in this MERCHANT Agreement which may give rise to a CHARGEBACK:
a. the TRANSACTION The transaction is for any reason illegal unlawful or of no legal effectunenforceable;
b. b) The cardholder’s signature is missing;
c) The cardholder’s signature on the CARD used in the TRANSACTION no longer bears the authenticity features referred charge slip or any other document required to in the MOI, or is damaged or has been changed or tampered with, or is unsigned or if any signature presented be signed by the person presenting cardholder inrelation to the CARD transaction is a forgery or the cardholder’s signature on the document does not match the signature on the back card used for the transaction;
d) The copy of the CARD, sales slip or has expired, is not yet valid or has been cancelled or revoked, at the date invoice 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 Merchant or any other requirement that VALITOR may notify document required to MERCHANT be signed by the cardholder in relation to the transaction presented to the Bank or retained by the Merchant is incompatible with any copy providedto the cardholder;
e) Cardholder’s account number is found to be omitted, incomplete or invalid or cardholder’s account number is not imprinted on the charge record form;
f) The card presented to the Merchant in respect of the transaction has been altered or had not yet become valid or had expired at the time of the transaction;
g) The card presented to the Merchant in respect of the transaction was listed in a warning list or any other communication or advice (in whatever form) from time to time issued or made available by or on behalf of the Bankto the Merchant;
h) The price charged to the cardholder was in excess of the price at which the goods supplied or the services performed were provided by the Merchant for cash;
i) The sales price was in excess of the floor limit and no prior authority therefore was obtained from the Bank;
j) The goods and/or services covered by the transaction are rejected or returned or the transaction or part thereof is invalid, cancelled or terminated by a cardholder or if the Merchant fails to provide at all or to the cardholder’s satisfaction, goods and/ or services to the cardholder;
k) The charge record form or any part thereof is illegible, incomplete or unsigned or not prepared or completed or submitted in accordance with clause 33this Agreement;
e. l) The cardholder disputes the nature, quality or quantity of the goods and/or services covered by the transaction;
m) Any information presented electronically to the Bank in respect of the transaction is not received in accordance with this Agreement;
n) The Bank has requested evidence in accordance with Clause 22 in relation to the transaction which the Merchant hasfailed to provide;
o) The transaction information required to be supplied by MERCHANT under the TRANSACTION have not been supplied, or are defective or not as described, or the purpose presented in respect of the TRANSACTION transaction is to credit the CARDHOLDER’s account;
f. the information recorded in the sales receipt not presented to the CARDHOLDER materially differs from the information contained in TRANSACTION data presented for SETTLEMENTBank withinthe agreed time;
g. VALITOR has notified MERCHANT, whether in a list p) The cardholder disputes or otherwise, that denies the CARD is fraudulent, lost transaction or stolen; h. two the sale or more sets delivery of TRANSACTION data have been completed or sent for SETTLEMENT in respect of a single CARD TRANSACTION; i. the TRANSACTION is not directly between MERCHANT and the CARDHOLDER, or where MERCHANT had or ought to have had reasonable doubts that the person presenting the CARD is not the CARDHOLDERgoods and/or services covered by thetransaction within reason;
Appears in 1 contract
Chargeback. 15.1. Any CHARGEBACK represents a debt immediately due and payable by MERCHANT 15.1 The Bank shall be entitled at any time to VALITOR. If an ISSUER exercises its rights not refuse total or partial payment to settle the Merchant or to undertake a CHARGEBACK in accordance with the CARD SCHEME RULES, VALITOR will immediately, and without notice, be entitled, and MERCHANT will allow VALITORif payment has been made, to debit the MERCHANT BANK ACCOUNT, Merchants Account with such amount or to recover seek immediate reimbursement from MERCHANT the Merchant, notwithstanding any authorization and/or authorization code numbers given by the Bank to the Merchant, in any other means or on any other timescales, of 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 discretionfollowing situations;
a) 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 Transaction is for any reason illegal unlawful or of no legal effectunenforceable;
b. b) Cardholder’s signature is missing when signature is required;
c) the CARD used in Cardholder's signature on the TRANSACTION no longer bears the authenticity features referred Sales Slip or credit card slip or any other document required to in the MOI, or is damaged or has been changed or tampered with, or is unsigned or if any signature presented be signed by the person presenting Cardholder/Customer in relation to the CARD transaction is a forgery or the Cardholder's signature on the credit card slip or the document does not match the signature on the back Card used for the transaction;
d) the copy of the CARDSales Slip or terminal receipt or any other document required to be signed by the Customer in relation to the transaction presented to the Bank or retained by the Merchant is incompatible with any copy provided to the Customer;
e) Cardholder's account number is found to be omitted, incomplete or invalid, or Cardholder's account number is not imprinted;
f) the Card presented to the Merchant in respect of the Transaction has expiredbeen altered or had not yet become valid or had expired at the time of the Transaction;
g) the Card presented to the Merchant in respect of the Transaction was listed in a warning list or any other communication or advice (in whatever form) from time to time issued or made available by or on behalf of the Bank to the Merchant;
h) The price charged to the Customer was in excess of the price at which the goods supplied or the services performed were supplied by the Merchant for cash;
i) The sales price was in excess of the Floor limit and no prior authority thereof was obtained from the Bank;
j) The Merchant fails to provide at all or to the Cardholder's satisfaction, goods and/or services to the Cardholder where the goods and/or services covered by the transaction are rejected or returned or the transaction or part thereof, is validly cancelled or terminated by a Cardholder;
k) The Sales Slip or credit card slip or any part thereof is illegible, incomplete or unsigned or not prepared or completed or submitted in accordance with this Agreement;
l) the Cardholder disputes the nature, quality or quantity of the goods and/or services covered by the Transaction;
m) any information presented electronically to the Bank in respect of the Transaction, is not yet valid or received in accordance with the Bank's requirements from time to time;
n) the Bank has requested evidence in accordance with Clause 21 in relation to the Transaction which the Merchant has failed to provide;
o) there has been cancelled any departure from the terms of this Agreement in relation to that Transaction;
p) the Transaction information required as per Clause 11 to be presented in respect of the Transaction is not presented to the Bank within seven (7) days of the Transaction;
q) the Cardholder disputes or revokeddenies the Transaction or the sale or delivery of goods and/or services covered by the Transaction within reasons;
r) in seeking authorization for a Transaction, the Merchant has given an incorrect Cardholder's name or Card account numbers to the Bank;
s) there has been a breach by the Merchant of this Agreement, other than the breaches more specifically provided in this sub-clause, in connection with the Transaction or the Sales Slip or otherwise;
t) Transaction is posted more than once to Cardholder's account due to the deposit of incorrect copy of Sales Slip (copy other than Bank copy) by the Merchant;
u) the Bank reasonably believes that the Transactions are irregular;
v) the Bank reasonably believes that there are suspicious circumstances surrounding the Transaction;
w) the Bank reasonably believes that the submission is out of the normal pattern;
x) the Issuing Institute refuses to honor the Sales Slips presented by the Merchant;
y) any other event or writing shall have occurred at the date of the TRANSACTIONTransaction;
c. z) notwithstanding the amount provisions of Clause 5.1 and 5.2 hereof, the circumstances of the CARD TRANSACTION was Transaction were so suspicious that the Merchant should have realized that the Card is a RECURRING TRANSACTION counterfeit or involved an International Maestro CARD or Visa Electron CARD but stolen and should have therefore declined the TRANSACTION was not authorised;Transaction.
d. MERCHANT has in any way failed 15.2 Where the Merchant fails to comply with a demand by the MOIBank to pay the sum due to the Bank as a result of Chargeback rights under the Clause 15, TERMINAL user manuals, VALITOR BACK OFFICE Manual or are otherwise the Bank may have the right to set-off and/or deduct the Chargeback amount as specified in breach Clause 13.4 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 otherwise, that the CARD is fraudulent, lost or stolen; h. two or more sets of TRANSACTION data have been completed or sent for SETTLEMENT in respect of a single CARD TRANSACTION; i. the TRANSACTION is not directly between MERCHANT and the CARDHOLDER, or where MERCHANT had or ought to have had reasonable doubts that the person presenting the CARD is not the CARDHOLDER;Merchant Agreement.
Appears in 1 contract
Sources: Merchant Agreement
Chargeback. 15.1. Any CHARGEBACK represents a debt immediately due and payable by MERCHANT The Bank shall be entitled at any time to VALITOR. If an ISSUER exercises its rights not refuse total or partial payment to settle or the Merchant or, if the payment has been made, and/or to undertake a CHARGEBACK in accordance debit/hold the account of the Merchant with such amount and/or to seek immediate reimbursement from the CARD SCHEME RULES, VALITOR will immediately, and without notice, be entitled, and MERCHANT will allow VALITOR, Merchant for any amount already paid 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 Merchant in the CARD SCHEME RULES, only, event of a breach by the Merchant of any of the terms 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 conditions of this MERCHANT Agreement which give rise including but not limited to a CHARGEBACK or other circumstances (such as those listed in any of the MOIfollowing situations;
a) not referred to in this MERCHANT Agreement which may give rise to a CHARGEBACK:
a. the TRANSACTION The transaction is for any reason illegal unlawful or of no legal effectunenforceable;
b. the CARD used in the TRANSACTION no longer bears the authenticity features referred to in the MOI, b) The sales notification 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 invoice 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 Merchant or any other requirement that VALITOR may notify document required to MERCHANT be signed by the cardholder in relation to the transaction presented to the Bank or retained by the Merchant is incompatible with any sales notification providedto the cardholder;
c) The card presented to the Merchant in respect of the transaction has been altered or had not yet become valid or had expired at the time of the transaction;
d) The card presented to the Merchant in respect of the transaction was listed in a warning list or any other communication or advice (in whatever form) from time to time in accordance with clause 33issued or made available by or on behalf of the Bank to the Merchant;
e. e) The price charged to the cardholder was in excess of the price at which the goods supplied or the services performed were provided by the Merchant for cash;
f) The sales price was in excess of the floor limit and no prior authority therefore was obtained from the Bank;
g) The goods and/or services covered by the transaction are rejected or returned or the transaction or part thereof is invalid, cancelled or terminated by a cardholder or if the Merchant fails to provide at all or to the cardholder’s satisfaction, goods and/ or services to the cardholder;
h) The cardholder disputes the nature, quality or quantity of the goods and/or services covered by the transaction;
i) Any information presented electronically to the Bank in respect of the transaction is not received in accordance with this Agreement;
j) The Bank has requested evidence in accordance in relation to the transaction which the Merchant has failed to provide;
k) The transaction information required to be supplied by MERCHANT under the TRANSACTION have not been supplied, or are defective or not as described, or the purpose presented in respect of the TRANSACTION transaction is to credit the CARDHOLDER’s account;
f. the information recorded in the sales receipt not presented to the CARDHOLDER materially differs from Bank within the information contained in TRANSACTION data presented for SETTLEMENTagreed time;
g. VALITOR l) The cardholder disputes or denies the transaction or the sale or delivery of goods and/or services covered by thetransaction within reason;
m) seeking authorization for a transaction the Merchant has notified MERCHANT, whether in a list given an incorrect cardholder’s name or otherwise, card accountnumbers to the Bank;
n) Transaction is charged more than once to cardholder’s account due to the deposit of an incorrect charge record form by the Merchant;
o) The Bank reasonably believes that the CARD transactions are irregular;
p) The Bank is fraudulent, lost or stolen; h. two or more sets of TRANSACTION data have been completed or sent for SETTLEMENT in respect the opinion that there are suspicious circumstances surrounding the transaction;
q) The Bank is of a single CARD TRANSACTION; i. the TRANSACTION is not directly between MERCHANT and the CARDHOLDER, or where MERCHANT had or ought to have had reasonable doubts opinion that the person presenting submission of the CARD transaction information by the Merchant is not out of the CARDHOLDERnormal pattern
r) The issuing Bank refuses to honor the sales presented by the Merchant
s) Notwithstanding the provisions of Clause 5 hereof, the circumstances of the transaction were so suspicious that the Merchant should have realized that the card is a counterfeit or stolen and should have therefore declined the transaction;
Appears in 1 contract
Chargeback. 15.1. Any CHARGEBACK represents a debt immediately due and payable by MERCHANT (a) Under any one or more of the following circumstances, Bank may charge back 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 immediatelyMerchant any transaction record that Bank has accepted, 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, Merchant shall repay Bank the amount paid represented 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 transaction record: (i) The transaction record or 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 material information on 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 sales slip (such as those the account number, expiration date of the Card, merchant description, transaction amount, or date) is illegible, incomplete, or otherwise indiscernible, is not endorsed, or is not delivered to Bank within the required time limits; (ii) The account number was listed in the MOIelectronic negative file on the transaction date and Merchant did not obtain authorization; (iii) The sales slip does not referred contain the imprint of a Card that was valid, effective, and unexpired on the transaction date, and such imprint or its handwritten equivalent is required under Section 1.06(e) or 1.06(f) above (if a handwritten equivalent of the imprint is contained on the sales slip, the sales slip may still be charged back to in this MERCHANT Agreement the Merchant); (iv) The transaction record was one for which may give rise to authorization, or prior authorization, was required and authorization, or prior authorization if necessary, was not obtained, or a CHARGEBACK:
a. valid authorization number is not correctly and legibly included on the TRANSACTION transaction record; (v) The transaction record is for any reason illegal or a duplicate of no legal effect;
b. the CARD used in the TRANSACTION no longer bears the authenticity features referred to in the MOIan item previously paid, or is damaged one of two or has been changed or tampered withmore transaction records generated in a single transaction in violation of this Agreement; (vi) The cardholder disputes the execution of the transaction record, the sale, delivery, quality, or is unsigned performance of the goods or if any signature presented services purchased; or alleges that a credit adjustment was requested and refused; or alleges that a credit adjustment was issued by Merchant but not posted to the person presenting cardholder's account; (vii) The price of the CARD does not match the signature goods or services shown 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 transaction record differs from the information contained in TRANSACTION data presented for SETTLEMENT;
g. VALITOR amount shown on the copy of the sales slip or the receipt delivered to the customer at the time of the transaction; (viii) Bank reasonably determines that Merchant has notified MERCHANTviolated any term, whether in a list or otherwisecondition, that the CARD is fraudulentcovenant, lost or stolen; h. two or more sets of TRANSACTION data have been completed or sent for SETTLEMENT in respect of a single CARD TRANSACTION; i. the TRANSACTION is not directly between MERCHANT and the CARDHOLDERwarranty, or where MERCHANT had other provision of this Agreement in connection with the transaction record or ought the transaction to have had reasonable doubts that the person presenting the CARD is not the CARDHOLDERwhich it relates;
Appears in 1 contract
Sources: Merchant Agreement
Chargeback. 15.1. Any CHARGEBACK represents a debt immediately due and payable by MERCHANT a. Notwithstanding any provision of this agreement to VALITOR. If an ISSUER exercises its rights not the contrary or any authorization given in relation to settle or to undertake a CHARGEBACK in accordance with the CARD SCHEME RULESsuch Card Transaction, VALITOR will immediately, and without notice, MCC shall be entitled, without giving any reason, to refuse payment to the MERCHANT of all or part of any amount of any Card Transaction less the discount and less applicable taxes, in case of any of the following events (each a Chargeback Event) occurs:
i. The Cardholder disputes the nature, quality, use or fitness of the goods sold and/or services rendered under the Card Transaction, or alleges that the MERCHANT has breached the terms of the contract of sale or service entered into between the MERCHANT and the Cardholder or any representation or warranty made by the MERCHANT to the Cardholder;
ii. The Cardholder disputes or denies that the Card Transaction was effected by him or the contract of sale or service with the MERCHANT was entered into by him or delivery of the goods sold and/or performance of the services rendered under the Card Transaction was received by him;
iii. MCC shall refer to the MERCHANT all transaction/s disputed by the Cardholder and MERCHANT will allow VALITOR, undertakes to debit resolve the dispute with the Cardholder within five (5) business days upon receipt of advice from MCC. Disputed transaction(s) which the MERCHANT BANK ACCOUNThas failed to resolve within the aforestated period shall be automatically charged back by MCC to the MERCHANT. PLEASE SIGN ON ALL PAGES
iv. The contract of sale or service entered into between the MERCHANT and the Cardholder in relation to the goods and/or services rendered under the Card Transaction is void or voidable at law or the use of the Credit Card or the performance of any person’s obligation’s under such contract of sale or service involves any illegal or unlawful act;
v. Payment in relation to the Card Transaction has been mistakenly or wrongly made by MCC or the Cardholder to the MERCHANT;
vi. No authorization and/or authorization code numbers were sought by and/or granted to the MERCHANT for the Card Transaction as required under this agreement;
vii. The Credit Card used for the Card Transaction is not a valid Credit Card and/or has been listed in any warning bulletin;
viii. The Cardholder alleges that the Transaction Draft or Charge Slips has been drawn or altered without his consent or authority;
ix. The Transaction Draft / Charge Slips is not signed by the Cardholder or any part of it is illegible;
x. The copy of any Transaction Draft/Charge Slips or any document required to be signed by the Cardholder in relation to any Card Transaction presented to MCC or retained by the MERCHANT is not identical to the copy of the same as given to the Cardholder;
xi. The MERCHANT does not furnish MCC the original copy of the Transaction Draft/Charge Slip or a copy of it, invoice or other document or record relating to the Card Transaction forthwith upon request of MCC;
xii. The MERCHANT does not comply with any of its obligations or the requirements under this agreement in relation to any Card Transaction or any security measures or guidelines relating to this agreement issued by MCC;
xiii. There has been a breach by the MERCHANT of any other of its obligations under this agreement not specified herein, or to recover from MERCHANT by of any other means agreement entered into between the MERCHANT and MCC or on of any other timescalesobligation whatsoever owed by the MERCHANT to MCC, whether or not related to this agreement;
xiv. The MERCHANT processed the same Card Transaction more than once; or
xv. The occurrence of fraud and other events determined by Visa International, MasterCard International or any other issuer of any Credit Card and notified by MCC as a Chargeback Event.
b. If any of the foregoing Chargeback Event occurs, MCC has the right not to accept the transactions and chargeback such to the MERCHANT via a Chargeback Advice.
c. The amount paid corresponding to the Chargeback (“Chargeback Amount”) shall first be applied by VALITOR to MERCHANT in respect of that TRANSACTION. MCC against the future ▇▇▇▇▇▇▇’s right ▇ of the MERCHANT. If no sum or payment is due to do this the MERCHANT that will allow MCC to deduct/set-off the Chargeback Amount, MCC shall seek reimbursement from the MERCHANT of the Chargeback Amount, upon which the MERCHANT shall reimburse MCC immediately upon receipt of a demand. If despite receipt of such demand, MERCHANT fails to reimburse MCC, MERCHANT hereby expressly authorizes MCC to deduct the Chargeback Amount due without need of demand or any further act or deed, against any money, securities and things of value which are now or may hereinafter be as detailed in the CARD SCHEME RULESpossession of MCC or any of its subsidiaries and affiliates.
d. MCC shall also enjoy and exercise preferential lien on the stocks, onlyinventories, properties, banks accounts and all other forms of monetary deposits and investments of the MERCHANT. Accordingly, upon failure of the MERCHANT to reimburse MCC for any duly paid Transaction Draft or Sales Slip, whether arising from a Chargeback Advice or such other amount due to MCC under this Agreement, MCC is fully authorized and empowered by the MERCHANT as its attorney-in-fact to take possession of the MERCHANT’s stock inventories and properties, to forthwith sell the same at public auction or private sale, and will not be affected by any arrangement between MERCHANT and to apply 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 proceeds thereof 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 payment of the CARDMERCHANT’s unpaid obligations and expenses of sale; Provided, or has expiredhowever, 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 that 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 excess shall 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 turned over 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 otherwise, that the CARD is fraudulent, lost or stolen; h. two or more sets of TRANSACTION data have been completed or sent for SETTLEMENT in respect of a single CARD TRANSACTION; i. the TRANSACTION is not directly between MERCHANT and the CARDHOLDER, or where MERCHANT had or ought to have had reasonable doubts that the person presenting the CARD is not the CARDHOLDER;.
Appears in 1 contract
Sources: Merchant Agreement
Chargeback. 15.1. Any CHARGEBACK represents After acceptance by Acquirer and CSI, Merchant shall nevertheless repay Acquirer the amount represented by the transaction record, plus any applicable chargeback or related fee, if Acquirer has been charged back by another financial institution or if any one or more of the following circumstances exist:
(a) The transaction record or any material or information on a debt immediately due sales or credit draft (such as, by way of example only, the account number, expiration date of the Card, Merchant description, transaction description or notation of prior authorization for the transaction amount or date is illegible, incomplete or otherwise not discernible, is not endorsed or is not delivered to Acquirer and payable CSI within the required time limits;
(b) The Cardholder account number was declined or was not authorized on the transaction date and Merchant failed to reject the transaction;
(c) The sales draft does not contain the imprint of a Card that was valid, effective, and unexpired on the transaction date;
(d) The transaction was one for which prior credit authorization was required and prior credit authorization was not obtained or a valid authorization number is not correctly and legibly included on the transaction record;
(e) The transaction record is a duplicate of all items previously paid;
(f) The Cardholder disputes the execution of the transaction record, the sale, delivery, quality or performance of the goods or services purchased, or alleges that a credit adjustment was requested and refused or that a credit adjustment was issued by MERCHANT Merchant but not posted to VALITOR. If Cardholder's account;
(g) The price of the goods or service shown on the transaction record differs from the amount shown on the copy of the sales draft or the receipt delivered to the Cardholder at the time of the transaction;
(h) Acquirer and CSI reasonably determines that Merchant has violated any terms, condition, covenant, warranty or other provision of this Agreement in connection with the Transaction Record or the transaction to which it relates;
(i) Acquirer and CSI reasonably determines that the Transaction Record is fraudulent or that the related transaction is not a bona fide transaction in Merchant's ordinary course of business, or is subject to any claim or legality, cancellation, rescission, avoidance, or offset for any reason whatsoever, including without limitation, negligence, fraud or dishonesty on the part of Merchant or Merchant's agents or employees;
(j) The transaction record arises from a mail or telephone order transaction which the Cardholder disputes entering into or authorizing or which involves an ISSUER exercises its rights account number that never existed or that has expired and has not been renewed; or
(k) Merchant fails to settle provide Acquirer and CSI with any sales draft or to undertake a CHARGEBACK credit draft in accordance with this Agreement. Acquirer and CSI shall, within a reasonable time following notice of chargeback of a transaction to Merchant, return to Merchant any sales draft or other evidence of 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 ACCOUNTtransaction.
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 MOIl) not referred to in this MERCHANT Agreement which may give rise to a CHARGEBACK:
a. the TRANSACTION is Multiple authorization attempts were made by Merchant 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 otherwise, that the CARD is fraudulent, lost or stolen; h. two or more sets of TRANSACTION data have been completed or sent for SETTLEMENT in respect of a single CARD TRANSACTION; i. the TRANSACTION is not directly between MERCHANT transaction.
(m) In violation of Visa and the CARDHOLDERMasterCard regulations, or where MERCHANT had or ought to have had reasonable doubts that the person presenting the CARD is not the CARDHOLDER;Merchant has divided a single transaction.
Appears in 1 contract
Chargeback. 15.1. Any CHARGEBACK represents a debt immediately due and payable by MERCHANT The Bank shall be entitled at any time to VALITOR. If an ISSUER exercises its rights not refuse total or partial payment to settle or the Merchant or, if the payment has been made, and/or to undertake a CHARGEBACK in accordance debit/hold the account of the Merchant with such amount and/or to seek immediate reimbursement from the CARD SCHEME RULES, VALITOR will immediately, and without notice, be entitled, and MERCHANT will allow VALITOR, Merchant for any amount already paid 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 Merchant in the CARD SCHEME RULES, only, event of a breach by the Merchant of any of the terms 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 conditions of this MERCHANT Agreement which give rise including but not limited to a CHARGEBACK or other circumstances (such as those listed in any of the MOI) not referred to in this MERCHANT Agreement which may give rise to a CHARGEBACK:following situations;
a. the TRANSACTION The transaction is for any reason illegal unlawful or of no legal effectunenforceable;
b. The cardholder’s signature is missing;
c. The cardholder’s signature on the CARD used in the TRANSACTION no longer bears the authenticity features referred charge slip or any other document required to in the MOI, or is damaged or has been changed or tampered with, or is unsigned or if any signature presented be signed by the person presenting cardholder in relation to the CARD transaction is a forgery or the cardholder’s signature on the document does not match the signature on the back of card used for 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 authorisedtransaction;
d. MERCHANT has in any way failed to comply with The copy of the MOI, TERMINAL user manuals, VALITOR BACK OFFICE Manual sales slip or are otherwise in breach invoice of this MERCHANT Agreement or the CARD SCHEME RULES Merchant or any other requirement that VALITOR may notify document required to MERCHANT be signed by the cardholder in relation to the transaction presented to the Bank or retained by the Merchant is incompatible with any copy provided to the cardholder;
e. Cardholder’s account number is found to be omitted, incomplete or invalid or cardholder’s account number is not imprinted on the charge record form;
f. The card presented to the Merchant in respect of the transaction has been altered or had not yet become valid or had expired at the time of the transaction;
g. The card presented to the Merchant in respect of the transaction was listed in a warning list or any other communication or advice (in whatever form) from time to time in accordance with clause 33issued or made available by or on behalf of the Bank to the Merchant;
e. h. The price charged to the cardholder was in excess of the price at which the goods supplied or the services performed were provided by the Merchant for cash; i . The sales price was in excess of the floor limit and no prior authority therefore was obtained from the Bank;
j. The goods and/or services to be supplied covered by MERCHANT under the TRANSACTION have not been supplied, transaction are rejected or are defective or not as described, returned or the purpose of transaction or part thereof is invalid, cancelled or terminated by a cardholder or if the TRANSACTION is Merchant fails to credit the CARDHOLDER’s account;
f. the information recorded in the sales receipt presented provide at all or to the CARDHOLDER materially differs from cardholder’s satisfaction, goods and/ or services to the information contained in TRANSACTION data presented for SETTLEMENTcardholder;
g. VALITOR has notified MERCHANT, whether in a list or otherwise, that the CARD is fraudulent, lost or stolen; h. two or more sets of TRANSACTION data have been completed or sent for SETTLEMENT in respect of a single CARD TRANSACTION; i. the TRANSACTION is not directly between MERCHANT and the CARDHOLDER, or where MERCHANT had or ought to have had reasonable doubts that the person presenting the CARD is not the CARDHOLDER;
Appears in 1 contract
Sources: Merchant Agreement
Chargeback. 15.1. Any CHARGEBACK represents a debt immediately due and payable by MERCHANT a. Notwithstanding any provision of this Agreement to VALITOR. If an ISSUER exercises its rights not the contrary or any authorization given in relation to settle or to undertake a CHARGEBACK in accordance with the CARD SCHEME RULESsuch Credit Card transaction, VALITOR will immediately, and without notice, METROBANK shall be entitled, and MERCHANT will allow VALITORwithout giving any reason, to debit refuse payment as stated under 9.1.a above to the MERCHANT BANK ACCOUNTof all or part of any amount of any Card Transaction and to be compensated or indemnified of whatever losses that it may incur, in case of any of the following events (each a Chargeback Event) occurs:
i. The Cardholder disputes the nature, quality, use or fitness of the goods sold and/or services rendered under the Card Transaction, or to recover from alleges that the MERCHANT by any other means has breached the terms of the contract of sale or on any other timescales, service entered into between 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 Cardholder or any representation or warranty made by the MERCHANT BANK ACCOUNT.to the Cardholder;
15.2ii. The following is a non-exhaustive description Cardholder disputes or denies that the Card Transaction was effected by him or the contract of circumstances where a CHARGEBACK may arise, sale or service with the MERCHANT was entered into by him or delivery of the goods sold and/or performance of the services rendered under the Card Transaction was received by him. METROBANK shall refer to the MERCHANT all transaction/s disputed by the Cardholder and there may MERCHANT undertakes to resolve the dispute with the Cardholder within five (5) business days upon receipt of advice from METROBANK. Disputed transaction(s) which the MERCHANT has failed to resolve within the aforestated period shall be other parts of this MERCHANT Agreement which give rise automatically charged back by METROBANK 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 effectMERCHANT;
b. iii. The contract of sale or service entered into between the CARD used MERCHANT and the Cardholder in the TRANSACTION no longer bears the authenticity features referred relation 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 rendered under the Card Transaction is illegal, contrary to law, public order, public policy, public morals, good customs, and those transactions that are inexistent and void from the beginning under Article 1409 of the Civil Code of the Philippines;
iv. Payment in relation to the Card Transaction has been mistakenly or wrongly made by METROBANK or the Cardholder to the MERCHANT;
v. No authorization and/or authorization code numbers were sought by and/or granted to the MERCHANT for the Card Transaction as required under this Agreement;
vi. The Credit Card used for the Card Transaction is not a valid Credit Card and/or has been listed in any warning bulletin;
vii. The Cardholder alleges that the Transaction Draft or Charge Slips has been drawn or altered without his consent or authority; PLEASE SIGN ON ALL PAGES
viii. The Transaction Draft / Charge Slips is not signed by the Cardholder or any part of it is illegible;
ix. The copy of any Transaction Draft/Charge Slips or any document required to be supplied signed by the Cardholder in relation to any Card Transaction presented to METROBANK or retained by the MERCHANT is not identical to the copy of the same as given to the Cardholder;
x. The MERCHANT does not furnish METROBANK the original copy of the Transaction Draft/Charge Slip or a copy of it, invoice or other document or record relating to the Card Transaction forthwith upon request of METROBANK;
xi. The MERCHANT does not comply with any of its obligations or the requirements under this agreement in relation to any Card Transaction or any security measures or guidelines relating to this agreement issued by METROBANK;
xii. There has been a breach by the TRANSACTION have MERCHANT of any other of its obligations under this agreement not been suppliedspecified herein, or are defective of any other agreement entered into between the MERCHANT and METROBANK or of any other obligation whatsoever owed by the MERCHANT to METROBANK, whether or not as described, or the purpose of the TRANSACTION is related to credit the CARDHOLDER’s accountthis Agreement;
f. xiii. The MERCHANT processed the information recorded in the sales receipt presented to the CARDHOLDER materially differs from the information contained in TRANSACTION data presented for SETTLEMENT;same Card Transaction more than once; or
g. VALITOR has xiv. The occurrence of fraud and other similar events determined by METROBANK, Visa International, MasterCard International or any other issuer of any Credit Card and notified MERCHANTby METROBANK as a Chargeback Event. In cases of disputed transactions processed as CNP, whether in a list or otherwise, that the CARD is fraudulent, lost or stolen; h. two or more sets chargeback will be effected without notice of TRANSACTION data have been completed or sent for SETTLEMENT in respect of a single CARD TRANSACTION; i. the TRANSACTION is not directly between MERCHANT and the CARDHOLDER, or where MERCHANT had or ought to have had reasonable doubts that the person presenting the CARD is not the CARDHOLDER;confirmation from
Appears in 1 contract
Sources: Merchant Agreement
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 A) Under any one or to undertake a CHARGEBACK in accordance with more of the CARD SCHEME RULESfollowing circumstances, VALITOR will immediatelyAcquirer has accepted, 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, Merchant shall repay Acquirer the amount paid represented 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 transaction record:
1) The transaction record or 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 material information on 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 sales slip (such as those listed in the MOI) account number, expiration date of the Card, Merchant description, transaction amount, or date), is illegible, incom- plete, is 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 MOIendorsed, or is damaged not delivered to Acquirer within the required time limits;
2) The transaction received a negative account verification service response (or has been changed would have received a negative account verification service response if Merchant had contacted the service on the transaction date) and Merchant did not reject the transaction or tampered withreceive prior authorization for the transaction, as applicable;
3) The sales slip does not contain the required imprint of a Card that was valid, effective, and unex- pired on the transaction date;
4) The transaction was one for which prior credit authorization was required and prior credit autho- rization was not obtained, or a valid authorization number is not correctly and legibly included on the transaction record;
5) The transaction record is a duplicate of an item previously paid, or is unsigned one of two or if any signature presented by more transaction records generated in a single transaction in violation of this Agreement;
6) The Cardholder disputes the person presenting the CARD does not match the signature on the back execution of the CARDtransaction record, the sale, delivery, quality, or has expired, is not yet valid or has been cancelled or revoked, at the date per- formance of the TRANSACTION;
c. the amount of the CARD TRANSACTION was a RECURRING TRANSACTION goods 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 suppliedpurchased, or are defective alleges that a credit adjustment was requested and reissued or that a credit adjustment was issued by Merchant but not as described, or posted to the purpose of the TRANSACTION is to credit the CARDHOLDERCard- holder’s account;
f. 7) The price of the information recorded in goods or services shown on the sales receipt presented to the CARDHOLDER materially transaction record differs from the information contained in TRANSACTION data presented for SETTLEMENTamount shown on the copy of the sales slip or the receipt delivered to the customer at the time of the transaction;
g. VALITOR 8) Acquirer reasonably determines Merchant has notified MERCHANTviolated any term, whether condition, covenant, warranty, or other provision of this Agreement in a list connection with the transaction record or otherwise, the related transaction;
9) Acquirer reasonably determines the transaction record is fraudulent or that the CARD is fraudulent, lost or stolen; h. two or more sets related transac- tions were not a bona fide transaction in Merchant’s ordinary course of TRANSACTION data have been completed or sent for SETTLEMENT in respect of a single CARD TRANSACTION; i. the TRANSACTION is not directly between MERCHANT and the CARDHOLDERbusiness, or where MERCHANT had is subject to any claim of illegality, cancellation, recession, avoidance, or ought to have had reasonable doubts that offset for any reason whatsoever, including without limitation negligence, fraud, or dishonesty on the person presenting part of Merchant or Merchant’s Agents or employees; the CARD Merchant is not the CARDHOLDER;responsible for its employees’ actions (Visa Rule 5.
Appears in 1 contract
Sources: Merchant Processing Agreement
Chargeback. 15.1. Any CHARGEBACK represents a debt immediately due and payable by MERCHANT The Bank shall be entitled at any time to VALITOR. If an ISSUER exercises its rights not refuse total or partial payment to settle or the Merchant or, if the payment has been made, and/or to undertake a CHARGEBACK in accordance debit/hold the account of the Merchant with such amount and/or to seek immediate reimbursement from the CARD SCHEME RULES, VALITOR will immediately, and without notice, be entitled, and MERCHANT will allow VALITOR, Merchant for any amount already paid 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 Merchant in the CARD SCHEME RULES, only, event of a breach by the Merchant of any of the terms 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 conditions of this MERCHANT Agreement which give rise including but not limited to a CHARGEBACK or other circumstances (such as those listed in any of the MOI) not referred to in this MERCHANT Agreement which may give rise to a CHARGEBACK:following situations;
a. the TRANSACTION The transaction is for any reason illegal unlawful or of no legal effectunenforceable;
b. The cardholder’s signature is missing;
c. The cardholder’s signature on the CARD used in the TRANSACTION no longer bears the authenticity features referred charge slip or any other document required to in the MOI, or is damaged or has been changed or tampered with, or is unsigned or if any signature presented be signed by the person presenting cardholder in relation to the CARD transaction is a forgery or the cardholder’s signature on the document does not match the signature on the back of card used for 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 authorisedtransaction;
d. MERCHANT has in any way failed to comply with The copy of the MOI, TERMINAL user manuals, VALITOR BACK OFFICE Manual sales slip or are otherwise in breach invoice of this MERCHANT Agreement or the CARD SCHEME RULES Merchant or any other requirement that VALITOR may notify document required to MERCHANT be signed by the cardholder in relation to the transaction presented to the Bank or retained by the Merchant is incompatible with any copy provided to the cardholder;
e. Cardholder’s account number is found to be omitted, incomplete or invalid or cardholder’s account number is not imprinted on the charge record form;
f. The card presented to the Merchant in respect of the transaction has been altered or had not yet become valid or had expired at the time of the transaction;
g. The card presented to the Merchant in respect of the transaction was listed in a warning list or any other communication or advice (in whatever form) from time to time issued or made available by or on behalf of the Bank to the Merchant;
h. The price charged to the cardholder was in excess of the price at which the goods supplied or the services performed were provided by the Merchant for cash;
i. The sales price was in excess of the floor limit and no prior authority therefore was obtained from the Bank;
j. The goods and/or services covered by the transaction are rejected or returned or the transaction or part thereof is invalid, cancelled or terminated by a cardholder or if the Merchant fails to provide at all or to the cardholder’s satisfaction, goods and/ or services to the cardholder;
k. The charge record form or any part thereof is illegible, incomplete or unsigned or not prepared or completed or submitted in accordance with clause 33this Agreement;
e. l. The cardholder disputes the nature, quality or quantity of the goods and/or services covered by the transaction; m Any information presented electronically to the Bank in respect of the transaction is not received in accordance with this Agreement;
n. The Bank has requested evidence in accordance with Clause 22 in relation to the transaction which the Merchant has failed to provide;
o. The transaction information required to be supplied by MERCHANT under the TRANSACTION have not been supplied, or are defective or not as described, or the purpose presented in respect of the TRANSACTION transaction is to credit the CARDHOLDER’s account;
f. the information recorded in the sales receipt not presented to the CARDHOLDER materially differs from Bank within the information contained in TRANSACTION data presented for SETTLEMENTagreed time;
g. VALITOR p. The cardholder disputes or denies the transaction or the sale or delivery of goods and/or services covered by the transaction within reason;
q. In seeking authorization for a transaction the Merchant has notified MERCHANT, whether in given an incorrect cardholder’s name or card account numbers to the Bank;
r. Transaction is charged more than once to cardholder’s account due to the deposit of an incorrect copy of a list or otherwise, charge record form by the Merchant;
s. The Bank reasonably believes that the CARD transactions are irregular;
t. The Bank is fraudulent, lost or stolen; h. two or more sets of TRANSACTION data have been completed or sent for SETTLEMENT in respect the opinion that there are suspicious circumstances surrounding the transaction;
u. The Bank is of a single CARD TRANSACTION; i. the TRANSACTION is not directly between MERCHANT and the CARDHOLDER, or where MERCHANT had or ought to have had reasonable doubts opinion that the person presenting submission of the CARD transaction information by the Merchant is not out of the CARDHOLDERnormal pattern;
v. The issuing Bank refuses to honour the sales slips presented by the Merchant;
w. Notwithstanding the provisions of Clause 5 hereof, the circumstances of the transaction were so suspicious that the Merchant should have realized that the card is a counterfeit or stolen and should have therefore declined the transaction;
Appears in 1 contract
Sources: Merchant Agreement
Chargeback. 15.1. Any CHARGEBACK represents a debt immediately due and payable by MERCHANT (a) Under any one or more of the following circumstances, Acquirer may charge back 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 immediatelyMerchant any Transaction record that Acquirer has accepted, 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 ▇ shall repay Acquirer the CARD SCHEME RULES, only, and will not be affected amount represented by the Transaction record plus any arrangement between MERCHANT and associated fees and/or fines:
(i) 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 Transaction record or any material information on 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 sales slip (such as those listed the account number, expiration date of the Card, Merchant description, Transaction amount, or date) is illegible, incomplete, or otherwise indiscernible, is not endorsed, or is not delivered to Acquirer within the required time limits;
(ii) the Transaction was one which received a negative account verification service response (or would have received a negative account verification service response if ▇▇▇▇▇▇▇▇ had contacted the service on the Transaction date) and Merchant did not reject the Transaction or receive prior authorization for the Transaction, as applicable;
(iii) electronic authorization was available and Merchant failed to authorize electronically;
(iv) in a key‐entered card present Transaction the MOIsales slip does not contain the required imprint of a Card that was valid, effective, and unexpired on the Transaction date;
(v) the Transaction was one for which prior credit authorization was required and prior credit authorization was not referred obtained, or a valid authorization number is not correctly and legibly included on the Transaction record;
(vi) the Transaction record is a duplicate of an item previously paid, or is one of two or more Transaction records generated in a single Transaction in violation of this Agreement;
(vii) the cardholder disputes the execution of the Transaction record, the sale, delivery, quality, or performance of the goods or services purchased, or alleges that a credit adjustment was requested and reissued or that a credit adjustment was issued by ▇▇▇▇▇▇▇▇ but not posted to the cardholder's account;
(viii) the price of the goods or services shown on the Transaction record differs from the amount shown on the copy of the sales slip or the receipt delivered to the customer at the time of the Transaction;
(ix) Acquirer reasonably determines that Merchant has violated any term, condition, covenant, warranty, or other provisions of this Agreement in this MERCHANT Agreement connection with the Transaction record or the Transaction to which may give rise it relates;
(x) Acquirer reasonably determines that the Transaction record is fraudulent or that the related Transaction is not a bona fide Transaction in Merchant’s ordinary course of business, or is subject to a CHARGEBACK:
a. the TRANSACTION is any claim of illegality, cancellation, rescission, avoidance, or offset for any reason illegal whatsoever, including without limitation negligence, fraud, or dishonesty on the part of no legal effectMerchant or Merchant's agents or employees;
b. (xi) the CARD used in Transaction record arises from a mail or telephone order Transaction or eCommerce Transaction which the TRANSACTION no longer bears the authenticity features referred to in the MOIcardholder disputes entering into or authorizing, or which involves an account number that never existed or that has expired and has not been renewed;
(xii) Merchant fails to provide any sales slip or credit slip to Acquirer in accordance with Section 3.1 of this Agreement; or
(xiii) the Transaction is damaged or has been changed or tampered withcharged back to Acquirer for any other reason pursuant to Card Association rules and regulations.
(b) In the event ▇▇▇▇▇▇▇▇ believes a chargeback to be improper, or is unsigned or if any signature presented by ▇▇▇▇▇▇▇▇ must notify Acquirer of this in writing within the person presenting the CARD does not match the signature on the back twenty (20) calendar days of the CARD, or has expired, is not yet valid or has been cancelled or revoked, at the date of the TRANSACTION;chargeback or forfeit its right to contest the chargeback.
c. (c) Except in the amount case of chargebacks that are based solely on the CARD TRANSACTION was Merchant's failure to obtain an authorization, Acquirer may chargeback 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 Transaction in accordance with clause 33;
e. this Section even if an authorization was obtained in connection with 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 otherwise, that the CARD is fraudulent, lost or stolen; h. two or more sets of TRANSACTION data have been completed or sent for SETTLEMENT in respect of a single CARD TRANSACTION; i. the TRANSACTION is not directly between MERCHANT and the CARDHOLDER, or where MERCHANT had or ought to have had reasonable doubts that the person presenting the CARD is not the CARDHOLDER;Transaction.
Appears in 1 contract
Chargeback. 15.1. Any CHARGEBACK represents a debt immediately due (a) In the exercise of Amex’s right to Chargeback, Amex may Chargeback by deducting, withholding, recouping from or offsetting against Amex’s payments hereunder (or debiting the Bank Account), or Amex may notify Affiliate Member or the applicable Establishment of the obligation to pay Amex, which Affiliate Member or the applicable Establishment, must do promptly and payable by MERCHANT to VALITOR. If an ISSUER exercises fully.
(b) Amex may exercise its rights of Chargeback with respect to any Charge in which:
(i) Affiliate Member or the applicable Establishment has not complied with the terms and conditions contained in Sections 2-6 and 15-18 of this Agreement, regardless of whether Amex had notice of such failure to settle comply at the time of receipt, acceptance or to undertake a CHARGEBACK payment and regardless of whether Authorization was obtained for the Charge;
(ii) Authorization was not obtained as required in Section 12 hereof, or an Authorization approval code was not submitted/transmitted with the Charge Record or Transaction Data, regardless of whether Amex accepted such Charge with actual knowledge that Authorization was not obtained or the approval code was missing;
(iii) Any portion of such Charge(s) constitutes amounts which were not on the Charge Record, folio or similar record reviewed by the Cardmember at the time of check-out (unless such Charge(s) were added as "delayed charges" in accordance with Amex's operating procedures) and if the CARD SCHEME RULESCardmember subsequently refuses to pay Amex for such amount;
(iv) Where applicable in particular Territories, VALITOR will immediatelyif an Affiliate Member’s (and or the applicable Establishment’s Point of Sale Systems have not been upgraded or Amex has not certified the Affiliate Member for Chip and PIN Transactions;
(v) A Cardmember has a right under any law, and without noticerule or regulation of any state, be entitled, and MERCHANT will allow VALITORfederal or other governmental body, to debit assert against Amex or an Issuer any claim or defense which the MERCHANT BANK ACCOUNTCardmember has against Affiliate Member, or Establishment(s) and such a Cardmember withholds payment to recover from MERCHANT Amex or an Issuer or asserts such a claim or defense against Amex; and
(vi) Transaction Data 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 Transmission either does not match conform to the signature on Technical Specifications or 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 Charge Form 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 prepared in accordance with clause 33;this Agreement.
e. (c) Amex shall retain the goods and/or services Discount with regard to be supplied by MERCHANT under the TRANSACTION Charges for which Amex exercises its right to Chargeback.
(d) Amex will have not been supplied, or are defective or not other rights to Chargeback as described, or the purpose provided in this Agreement.
(e) Amex's rights to Chargeback will survive termination 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 otherwise, that the CARD is fraudulent, lost or stolen; h. two or more sets of TRANSACTION data have been completed or sent for SETTLEMENT in respect of a single CARD TRANSACTION; i. the TRANSACTION is not directly between MERCHANT and the CARDHOLDER, or where MERCHANT had or ought to have had reasonable doubts that the person presenting the CARD is not the CARDHOLDER;this Agreement.
Appears in 1 contract
Sources: Affiliate Member Agreement
Chargeback. 15.1. Any CHARGEBACK represents a debt immediately due and payable by MERCHANT a. Notwithstanding any provision of this agreement to VALITOR. If an ISSUER exercises its rights not the contrary or any authorization given in relation to settle or to undertake a CHARGEBACK in accordance with the CARD SCHEME RULESsuch Credit Card transaction, VALITOR will immediately, and without notice, MCC shall be entitled, without giving any reason, to refuse payment to the MERCHANT of all or part of any amount of any Card Transaction less the discount and less applicable taxes, in case of any of the following events (each a Chargeback Event) occurs:
i. The credit cardholder disputes the nature, quality, use or fitness of the goods sold and/or services rendered under the Card Transaction, or alleges that the MERCHANT has breached the terms of the contract of sale or service entered into between the MERCHANT and the credit cardholder or any representation or warranty made by the MERCHANT to the credit cardholder;
ii. The credit cardholder disputes or denies that the Card Transaction was effected by him or the contract of sale or service with the MERCHANT was entered into by him or delivery of the goods sold and/or performance of the services rendered under the Card Transaction was received by him. MCC shall refer to the MERCHANT all transaction/s disputed by the credit cardholder and MERCHANT will allow VALITOR, undertakes to debit resolve the dispute with the Cardholder within five (5) business days upon receipt of advice from MCC. Disputed transaction(s) which the MERCHANT BANK ACCOUNThas failed to resolve within the aforestated period shall be automatically charged back by MCC to the MERCHANT
iii. The contract of sale or service entered into between the MERCHANT and the Cardholder in relation to the goods and/or services rendered under the Card Transaction is void or voidable at law or the use of the Credit Card or the performance of any person’s obligation’s under such contract of sale or service involves any illegal or unlawful act;
iv. Payment in relation to the Card Transaction has been mistakenly or wrongly made by MCC or the Cardholder to the MERCHANT;
v. No authorization and/or authorization code numbers were sought by and/or granted to the MERCHANT for the Card Transaction as required under this agreement;
vi. The Credit Card used for the Card Transaction is not a valid Credit Card and/or has been listed in any warning bulletin;
vii. The Cardholder alleges that the Transaction Draft or Charge Slips has been drawn or altered without his consent or authority;
viii. The Transaction Draft / Charge Slips is not signed by the Cardholder or any part of it is illegible;
ix. The copy of any Transaction Draft/Charge Slips or any document required to be signed by the Cardholder in relation to any Card Transaction presented to MCC or retained by the
x. The MERCHANT does not furnish MCC the original copy of the Transaction Draft/Charge Slip or a copy of it, invoice or other document or record relating to the Card Transaction forthwith upon request of MCC;
xi. The MERCHANT does not comply with any of its obligations or the requirements under this agreement in relation to any Card Transaction or any security measures or guidelines relating to this agreement issued by MCC;
xii. There has been a breach by the MERCHANT of any other of its obligations under this agreement not specified herein, or to recover from MERCHANT by of any other means agreement entered into between the MERCHANT and MCC or on of any other timescalesobligation whatsoever owed by the MERCHANT to MCC, whether or not related to this agreement;
xiii. The MERCHANT processed the same Card Transaction more than once; or
xiv. The occurrence of fraud and other events determined by Visa International, MasterCard International or any other issuer of any Credit Card and notified by MCC as a Chargeback Event.
xv. In cases of disputed transactions processed as MOTO, chargeback will be affected without notice of confirmation from MCC.
b. If any of the foregoing Chargeback Event occurs, MCC has the right not to accept the transactions and chargeback such to the MERCHANT via a Chargeback Advice.
c. The amount paid corresponding to the Chargeback (“Chargeback Amount”) shall first be applied by VALITOR to MERCHANT in respect of that TRANSACTION. MCC against the future ▇▇▇▇▇▇▇’s right ▇ of the MERCHANT. If no sum or payment is due to do this the MERCHANT that will allow MCC to deduct/set-off the Chargeback Amount, MCC shall seek reimbursement from the MERCHANT of the Chargeback Amount, upon which the MERCHANT shall reimburse MCC immediately upon receipt of a demand. If despite receipt of such demand, MERCHANT fails to reimburse MCC, MERCHANT hereby expressly authorizes MCC to deduct the Chargeback Amount due without need of demand or any further act or deed, against any money, securities and things of value which are now or may hereinafter be as detailed in the CARD SCHEME RULESpossession of MCC or any of its subsidiaries and affiliates.
d. MCC shall also enjoy and exercise preferential lien on the stocks, onlyinventories, properties, banks accounts and all other forms of monetary deposits and investments of the MERCHANT. Accordingly, upon failure of the MERCHANT to reimburse MCC for any duly paid Transaction Draft or Sales Slip, whether arising from a Chargeback Advice or such other amount due to MCC under this Agreement, MCC is fully authorized and empowered by the MERCHANT as its attorney-in-fact to take possession of the MERCHANT’s stock inventories and properties, to forthwith sell the same at public auction or private sale, and will not be affected by any arrangement between MERCHANT and to apply 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 proceeds thereof 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 payment of the CARDMERCHANT’s unpaid obligations and expenses of sale; Provided, or has expiredhowever, 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 that 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 excess shall 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 turned over 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 otherwise, that the CARD is fraudulent, lost or stolen; h. two or more sets of TRANSACTION data have been completed or sent for SETTLEMENT in respect of a single CARD TRANSACTION; i. the TRANSACTION is not directly between MERCHANT and the CARDHOLDER, or where MERCHANT had or ought to have had reasonable doubts that the person presenting the CARD is not the CARDHOLDER;.
Appears in 1 contract
Sources: Merchant Agreement
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 RULES9.1 RCBC shall be entitled at any time, VALITOR will immediatelynotwithstanding any authorization obtained, 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 CHARGEBACKto:
a. refuse total or partial payment to the TRANSACTION Merchant; or
b. if payment has been made,
i. debit the Merchant’s bank account maintained with RCBC forthwith; and/or
ii. offset/deduct the amount from subsequent credits to the Merchant’s Account arising from transactions settlement; in any of the following situations:
a. The transaction is for any reason illegal unlawful or of no legal effectunenforceable;
b. Customer’s signature, when necessary and required, is missing;
c. Customer’s signature on the CARD used in the TRANSACTION no longer bears the authenticity features referred Sales Slip or terminal receipt or any other document required to in the MOI, or is damaged or has been changed or tampered with, or is unsigned or if any signature presented be signed by the person presenting Customer in relation to the CARD transaction is a forgery or the Customer alleges his/her signature on the Sales Slip or the terminal receipt or the document 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 Card used for the date transaction.
d. The copy 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 MOISales Slip, TERMINAL user manuals, VALITOR BACK OFFICE Manual or are otherwise in breach of this MERCHANT Agreement or the CARD SCHEME RULES terminal receipt or any other requirement that VALITOR may notify document required to be signed by the Customer in relation to the transaction presented to RCBC or retained by the MERCHANT is incompatible with any copy provided to the Customer.
e. Customer’s account number is found to be omitted, incomplete or invalid, or Customer’s account number is not imprinted;
f. The Card presented to the MERCHANT in respect of the transaction had been alerted or had not yet become valid or had expired at the time of the transaction;
g. The Card presented to the MERCHANT in respect of the transaction was listed in a warning list or any other communication or advise (in whatever form) from time to time issued or made available by or on behalf of RCBC to the MERCHANT;
h. The price charged to the Customer was in excess of the price at which the goods supplied or the services performed were supplied by the MERCHANT for cash;
i. The goods and/or services covered by the transaction are rejected or returned or the transaction or part thereof, is validly canceled or terminated by a Customer or the MERCHANT fails to provide at all or to the Customer’s satisfaction, goods and/or services to the Customer;
j. The Sales Slip or terminal receipt or any part thereof is illegible, incomplete or unsigned or not prepared or completed or submitted in accordance with clause 33this Agreement;
e. k. The Customer disputes the nature, quality or quantity of the goods and/or services to be supplied covered 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 accounttransaction;
f. the l. Any information recorded in the sales receipt presented electronically 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 otherwise, that the CARD is fraudulent, lost or stolen; h. two or more sets of TRANSACTION data have been completed or sent for SETTLEMENT RCBC in respect of a single CARD TRANSACTION; i. the TRANSACTION transaction is not directly between received in accordance with RCBC requirements from time to time;
m. RCBC has requested evidence, as provided under this Agreement, to support its claims with MasterCard, VISA, Union Pay, JCB, and Bancnet in relation to the transaction which the MERCHANT has failed to provide within the time limit specified by RCBC in the request;
n. There has been any departure from the terms of this Agreement in relation to that transaction;
o. The transaction information required to be presented in respect of the transaction is not presented to RCBC within seven days of the transaction;
p. The Customer disputes or denies the transaction or the sale or delivery of goods and/or services covered by the transaction within reason;
q. In seeking Authorization for a transaction the MERCHANT has given an incorrect Customer’s name or Card account numbers RCBC;
r. There has been a breach by the MERCHANT of this Agreement other than the breaches more specifically provided in this sub-clause, in connection with the transaction or the sales or otherwise;
s. The transaction is posted more than once to Customer’s account due to the settlement of incorrect copy of Sales Slip (copy other than bank copy) by the MERCHANT;
t. That there are suspicious circumstances surrounding the transaction and the CARDHOLDER, or where MERCHANT had or ought there are reasonable grounds to have had reasonable doubts believe that the person presenting transaction falls under suspicious purchases; u. RCBC is of the CARD opinion that the submission is not out of the CARDHOLDERprior sales pattern;
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Sources: Merchant Agreement