Chargebacks and Refunds Clause Samples

Chargebacks and Refunds. (a) Without duplication of any amounts paid by Dealer pursuant to Section 25(b), Dealer agrees that it will refund on demand, and Program Administrator, at the direction and under 1 Under review. the control of Funding Participants, may charge back against Dealer, the amount of any Loan affected, plus any finance or other charges related to the Loan under the Borrower’s Loan Agreement, in each of the following events: (i) Program Administrator or the Relevant Funding Participant determines that (A) Dealer has breached or failed to fulfill any of its obligations under this Agreement, including the Operating Instructions, or has breached any of its representations or warranties under this Agreement, or (B) the Invoice or Transaction Request or the transaction to which such Invoice or Transaction Request relates, credit application or sale of Offerings is fraudulent or is subject to any claim of illegality, cancellation, rescission, avoidance or offset, including negligence, fraud, misrepresentation or dishonesty on the part of the Borrower or Dealer, its agents, employees, representatives or franchisees; (ii) the Borrower disputes or denies the transaction, the execution of the transaction authorization, credit application or Loan Agreement, or the delivery, quality, or performance of the Offerings purchased or any warranties thereto, or the Borrower has not authorized the transaction, or alleges that a credit adjustment to which Borrower was entitled was requested and refused by Dealer or that a credit adjustment was issued by Dealer but not posted to the Loan due to Dealer’s failure to submit the credit adjustment to the POWERpay Program; or (iii) Borrower asserts any claim or defense against Program Administrator or the Relevant Funding Participant as a result of any act or omission of Dealer in violation of any applicable law (other than those that relate solely to the terms and conditions of such Loan). (b) With respect to any chargeback or refund: (i) Chargebacks for purchases of Offerings made by Borrowers not processed will be paid by Dealer in a manner as consistent as practicable with the original funds transfer. Dealer gives unconditional consent to the Program Administrator to debit the Dealer’s ACH account for the recovery of all related chargeback amounts. (ii) In its reasonable discretion but upon prior notice to Dealer, the Relevant Funding Participant, as communicated by Program Administrator, may compromise and settle any claim made by any ...

Chargebacks and Refunds. 12.1 In the event of a chargeback: 12.1.1 for Orders processed using Klarna as the Payment Services Provider, the Customer will open a dispute with ▇▇▇▇▇▇. Klarna shall be liable for disputed amounts associated with chargebacks arising from fraudulent use of a Customer’s payment card. Merchant shall be liable for all other types of chargeback claims. ▇▇▇▇▇▇ shall also be liable for the handling, managing, and administering of chargebacks including, without limitation, liaising with Customers and third-party payment providers in relation to any claims for chargeback claims. For the avoidance of doubt, ▇▇▇▇ shall have no liability for chargebacks howsoever arising; and 12.1.2 for Orders processed via another Payment Services Provider or otherwise processed via the Integrated Checkout Services, the Customer will follow the appropriate chargeback procedure as advised to it by Lyst or the Payment Services Provider. Merchant shall be liable for all types of chargeback claims, except for fraud. For the avoidance of doubt, ▇▇▇▇ shall have no liability for chargebacks howsoever arising. 12.2 Lyst may require Merchant to cooperate in an investigation of a chargeback, including by requiring Merchant to produce any evidence requested (for example, to show proof of delivery) within 24 hours of any request being made by Lyst. 12.3 If Lyst is required to compensate Klarna, or other Payment Services Provider, in relation to a claim brought by a Customer arising other than from fraud, Merchant shall be required to compensate Lyst for such payment in full. 12.4 Merchant is responsible for processing any properly requested refunds, whether partial or full. The refund amount will be issued by Merchant on the associated Klarna or other Payment Services Provider card and credited to the Customer. Refund amounts may include the price of the product, relevant taxes and duties, shipping costs and non-refundable commissions paid to Lyst.

Chargebacks and Refunds. If, after Co mpany has remitted the proceeds of a Service Item sale, that item’ s purchaser obtains a “ chargeback” or is otherwise able to obtain a refund of any portion of the purchase price, for any reason other than Company gross negligence or willful misconduct, Company reserves the right to charge Me mber’ s Payment Method for the full amount of any such refund.

Chargebacks and Refunds. All Cardholder claims for refunds or reversals made with respect to charges incurred and paid for by Purchaser shall be processed by Purchaser or Purchaser's processor in the ordinary course and all cash received and/or the cash equivalent of merchant account debits made with respect to said refund claims shall be promptly remitted to Purchaser. Purchaser acknowledges, however, that ultimate liability for all refunds due to such Cardholders shall be Purchaser's responsibility.

Chargebacks and Refunds. I. We may apply for chargebacks or refunds against your account for: a. Transactions that we suspect to be unlawful; b. Transactions that are prohibited under this Agreement; c. Transactions that do not comply with card network/scheme rules or the terms of this Agreement or d. Any reversals for any reason by the card network/scheme, our processor, or the participating banks. II. Where a chargeback occurs, you shall become immediately liable for all claims, fines, liabilities and expenses we incur arising out of that chargeback. III. We do not guarantee or assume any liability for transactions authorized and completed that are later reversed or charged back. You are solely responsible for all reversed or charged-back transactions, regardless of the reason, basis, or duration of the reversal or chargeback.

Chargebacks and Refunds. In the event that an SBO stops payment or "charges back" its credit card for Services on the ClientCare Inc Private Label Service, then YP.Net may recoup any Net Revenues and applicable taxes remitted to ▇▇▇▇▇tCare Inc for the Services that the SBO stopped payment. In the event an SBO requests a refund for Services not yet rendered (e.g., the SBO has prepaid for 1 year of service and requests a refund after six months), then YP.Net will provide a pro-rated refund and YP.Net may recoup tha▇ ▇▇▇▇ion of Net Revenues remitted to Client▇▇▇▇ Inc for the refunded time period. In the event that an SBO requests a refund for Services due to a failure to provide requested Services, and YP.Net agrees that it failed to provide such Services, then YP.Net ▇▇▇▇ refund SBO's ▇ayment and YP.Net may recoup that portion of Net Revenues remitted to ▇▇▇▇▇▇Care Inc for those Services. In the event an SBO requests a refund for Services that were provided, then YP.Net may, in its discretion, decide whether to provide a refun▇ ▇▇ ▇hat SBO and if YP.Net decides to provide such refund, then YP.Net may recoup tha▇ ▇▇▇▇ion of Net Revenues remitted to ClientC▇▇▇ ▇▇c for those Services.

Chargebacks and Refunds. All claims by Cardholders for refunds, reversals, or credits made with respect to Credit Card Receivables purchased hereunder by Marketer shall be the responsibility of Marketer and shall be due from Marketer on demand. Provided that Marketer has fulfilled its obligations set forth in the preceding sentence, all payments received from any other party with respect to a transaction giving rise to any such refund or reversal, including payments received from merchant accounts or the reversal of payments made to a merchant, shall constitute the property of Marketer. Marketer acknowledges that the ultimate liability for any refunds due to Cardholders with respect to Credit Card Receivables purchased by it shall be the responsibility of Marketer.

Chargebacks and Refunds. Art. 10.1 DDP is entitled to set off Chargebacks and Refunds against Transaction Amounts owed by DDP to the Merchant. If the credit balances of the Merchant are insufficient to set off Chargebacks and Refunds, DDP will collect this amount from the Merchant. By signing the Agreement, the Merchant authorizes DDP to collect the outstanding amounts that cannot be set off from the Merchant’s bank account by means of a continuous direct debit mandate. The Merchant indemnifies, defends and holds DDP harmless from and against any direct and indirect costs and liability arising from Chargebacks and Refunds, regardless of their correctness. 10.2 If the Merchant has many Chargebacks, a Financial Institution may impose a penalty on the Merchant. DDP may at any time pass on such penalties and additional costs to the Merchant if and to the extent that these have been set off by the Institution against payments intended for the Merchant in question. If the Financial Institution cancels the Merchant’s Account Number, the Merchant cannot hold DDP liable for this.

Chargebacks and Refunds