Common use of Account Monitoring Clause in Contracts

Account Monitoring. Merchant agrees that Clearent or Bank may upon reasonable grounds, divert the disbursement of Merchant’s funds to the Reserve Account and/or temporarily suspend processing under this Merchant Agreement and/or terminate this Merchant Agreement, and Clearent shall provide Merchant with notice of such action. Reasonable grounds shall include, but not be limited to, the following: suspicious or unusual Transaction activity; material variance in the nature of Merchant’s business, type of product and/or service sold, average ticket size, monthly volume or swiped/keyed percentages, from such disclosures made by Merchant in this Merchant Agreement; Merchant does not authorize Transactions; receives excessive retrieval requests against Merchant’s prior activity; or excessive ACH rejects or Chargebacks are debited against Merchant’s prior activity. If Merchant’s funds are diverted by Clearent or Clearent has temporarily suspended processing under this Merchant Agreement, such diversion or suspension shall be for any reasonable period of time required by Clearent to fully investigate Merchant’s account activity and resolve, to Clearent’s sole satisfaction, the subject questionable, suspect or fraudulent Transactions or activity of Merchant. Any funds diverted shall be maintained by Bank in a non-interest bearing account at Bank. Bank and Clearent shall have no liability for any losses, either direct or indirect, which Merchant may attribute to any diversion of funds, suspension of processing or termination of this Merchant Agreement by Clearent pursuant to this Section. Clearent will assess all fees and expenses incurred in relation to its investigation of suspicious or unusual Transaction activity, which includes activity that deviates from this Merchant Agreement.

Appears in 8 contracts

Samples: Merchant Agreement, Merchant Agreement, Merchant Agreement

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Account Monitoring. Merchant agrees that Moolah/Clearent or Bank may upon reasonable grounds, divert the disbursement of Merchant’s funds to the Reserve Account and/or temporarily suspend processing under this Merchant Agreement and/or terminate this Merchant Agreement, and Moolah/Clearent shall provide Merchant with notice of such action. Reasonable grounds shall include, but not be limited to, the following: suspicious or unusual Transaction activity; material variance in the nature of Merchant’s business, type of product and/or service sold, average ticket size, monthly volume or swiped/keyed percentages, from such disclosures made by Merchant in this Merchant Agreement; Merchant does not authorize Transactions; receives excessive retrieval requests against Merchant’s prior activity; or excessive ACH rejects or Chargebacks are debited against Merchant’s prior activity. If Merchant’s funds are diverted by Moolah/Clearent or Moolah/Clearent has temporarily suspended processing under this Merchant Agreement, such diversion or suspension shall be for any reasonable period of time required by Moolah/Clearent to fully investigate Merchant’s account activity and resolve, to Moolah/Clearent’s sole satisfaction, the subject questionable, suspect or fraudulent Transactions or activity of Merchant. Any funds diverted shall be maintained by Bank in a non-interest bearing account at Bank. Bank and Moolah/Clearent shall have no liability for any losses, either direct or indirect, which Merchant may attribute to any diversion of funds, suspension of processing or termination of this Merchant Agreement by Moolah/Clearent pursuant to this Section. Moolah/Clearent will assess all fees and expenses incurred in relation to its investigation of suspicious or unusual Transaction activity, which includes activity that deviates from this Merchant Agreement.

Appears in 1 contract

Samples: Merchant Agreement

Account Monitoring. Merchant Xxxxxxxx agrees that Clearent or Bank may upon reasonable grounds, divert the disbursement of Merchant’s funds to the Reserve Account and/or temporarily suspend processing under this Merchant Agreement and/or terminate this Merchant Agreement, and Clearent shall provide Merchant with notice of such action. Reasonable grounds shall include, but not be limited to, the following: suspicious or unusual Transaction activity; material variance in the nature of Merchant’s business, type of product and/or service sold, average ticket size, monthly volume or swiped/keyed percentages, from such disclosures made by Merchant in this Merchant Agreement; Merchant does not authorize Transactions; receives excessive retrieval requests against Merchant’s prior activity; or excessive ACH rejects or Chargebacks are debited against Merchant’s prior activity. If Merchant’s funds are diverted by Clearent or Clearent has temporarily suspended processing under this Merchant Agreement, such diversion or suspension shall be for any reasonable period of time required by Clearent to fully investigate Merchant’s account activity and resolve, to Clearent’s sole satisfaction, the subject questionable, suspect or fraudulent Transactions or activity of Merchant. Any funds diverted shall be maintained by Bank in a non-interest bearing account at Bank. Bank and Clearent shall have no liability for any losses, either direct or indirect, which Merchant may attribute to any diversion of funds, suspension of processing or termination of this Merchant Agreement by Clearent pursuant to this Sectionsection. Clearent will assess all fees and expenses incurred in relation to its investigation of suspicious or unusual Transaction activity, which includes activity that deviates from this Merchant Agreement, and Merchant shall be responsible for the payment or reimbursement of all such fees and expenses.

Appears in 1 contract

Samples: Merchant Agreement

Account Monitoring. Merchant acknowledges that Processor will monitor Merchant’s daily Credit Card Transaction activity. Merchant agrees that Clearent or Bank Processor may upon reasonable grounds, divert the disbursement of Merchant’s funds to the Reserve Account and/or and/ or temporarily suspend processing under this Merchant Agreement and/or terminate this Merchant Agreement, and Clearent Processor shall provide Merchant with notice of such action. Reasonable grounds shall include, but not be limited to, the following: suspicious or unusual Transaction activity; material variance in the nature of Merchant’s business, type of product and/or service sold, average ticket size, monthly volume or swiped/keyed percentages, from such disclosures made by Merchant in this Merchant Agreement; Merchant does not authorize Transactions; receives excessive retrieval requests against Merchant’s prior activity; or excessive ACH rejects or Excessive Chargebacks are debited against Merchant’s prior activity. If the Merchant’s funds are diverted by Clearent Processor or Clearent Processor has temporarily suspended processing under this Merchant Agreement, such diversion or suspension shall be for any reasonable period of time required by Clearent Processor to fully investigate Merchant’s account activity and resolve, to ClearentProcessor’s sole satisfaction, the subject questionable, suspect or fraudulent Transactions or activity of Merchant. Any funds diverted shall be maintained by Bank in a non-interest bearing account at Bank. Bank and Clearent Processor shall have no liability for any losses, either direct or indirect, which Merchant may attribute to any diversion of funds, suspension of processing or termination of this Merchant Agreement by Clearent pursuant to this Section. Clearent will assess all fees and expenses incurred in relation to its investigation of suspicious or unusual Transaction activity, which includes activity that deviates from this Merchant Agreement.of

Appears in 1 contract

Samples: Merchant Application and Agreement

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Account Monitoring. Merchant agrees that Clearent or Bank may upon reasonable grounds, divert the disbursement of Merchant’s funds to the Reserve Account and/or temporarily suspend processing under this Merchant Agreement and/or terminate this Merchant Agreement, and Clearent shall provide Merchant with notice of such action. Reasonable grounds shall include, but not be limited to, the following: suspicious or unusual Transaction activity; material variance in the nature of Merchant’s business, type of product and/or service sold, average ticket size, monthly volume or swiped/keyed percentages, from such disclosures made by Merchant in this Merchant Agreement; Merchant does not authorize Transactions; receives excessive retrieval requests against Merchant’s prior activity; or excessive ACH rejects or Chargebacks are debited against Merchant’s prior activity. If Merchant’s funds are diverted by Clearent or Clearent has temporarily suspended processing under this Merchant Agreement, such diversion or suspension shall be for any reasonable period of time required by Clearent to fully investigate Merchant’s account activity and resolve, to Clearent’s sole satisfaction, the subject questionable, suspect or fraudulent Transactions or activity of Merchant. Any funds diverted shall be maintained by Bank in a non-interest bearing account at Bank. Bank and Clearent shall have no liability for any losses, either direct or indirect, which Merchant may attribute to any diversion of funds, suspension of processing or termination of this Merchant Agreement by Clearent pursuant to this Sectionsection. Clearent will assess all fees and expenses incurred in relation to its investigation of suspicious or unusual Transaction activity, which includes activity that deviates from this Merchant Agreement, and Merchant shall be responsible for the payment or reimbursement of all such fees and expenses.

Appears in 1 contract

Samples: Merchant Agreement

Account Monitoring. Merchant acknowledges that Processor will monitor Merchant’s daily Credit Card Transaction activity. Merchant agrees that Clearent or Bank Processor may upon reasonable grounds, divert the disbursement of Merchant’s funds to the Reserve Account and/or andlor temporarily suspend processing under this Merchant Agreement and/or andlor terminate this Merchant Agreement, and Clearent Processor shall provide Merchant with notice of such action. Reasonable grounds shall include, but not be limited to, the following: suspicious or unusual Transaction activity; material variance in the nature of Merchant’s business, type of product and/or andlor service sold, average ticket size, monthly volume or swiped/keyed swipedlkeyed percentages, from such disclosures made by Merchant in this Merchant Agreement; Merchant does not authorize Transactions; receives excessive retrieval requests against Merchant’s prior activity; or excessive ACH rejects or Excessive Chargebacks are debited against Merchant’s prior activity. If the Merchant’s funds are diverted by Clearent Processor or Clearent Processor has temporarily suspended processing under this Merchant Agreement, such diversion or suspension shall be for any reasonable period of time required by Clearent Processor to fully investigate Merchant’s account activity and resolve, to ClearentProcessor’s sole satisfaction, the subject questionable, suspect or fraudulent Transactions or activity of Merchant. Any funds diverted shall be maintained by Bank in a non-interest bearing account at Bank. Bank and Clearent Processor shall have no liability for any losses, either direct or indirect, which Merchant may attribute to any diversion of funds, suspension of processing or termination of this Merchant Agreement by Clearent Processor pursuant to this Sectionparagraph. Clearent Processor will assess all fees and expenses incurred in relation to its investigation of suspicious or unusual Transaction activity, which includes activity that deviates from this Merchant Agreement. In addition, Processor’s monthly investigation fee for conducting its internal investigation of suspicious activity shall be a monthly amount equal to up to ten percent (10%) of the initial dollar amount being investigated.

Appears in 1 contract

Samples: Merchant Application and Agreement

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