Common use of Chargebacks Clause in Contracts

Chargebacks. Merchant will accept for chargeback any sale for which the Cardholder disputes the validity of the sale according to prevailing Card Association regulations, or a Card issuer or Settlor determines that Merchant has in any way failed to comply with Card Association regulations or Settlor's procedures in accepting a Card and presenting the resulting Sales Draft to Settlor for purchase. Section 2.3 notwithstanding, Settlor may charge back the amount of a Card sale for which the Cardholder disputes authorizing the charge if Xxxxxxxx failed to obtain the Card Imprint or the Cardholder’s signature. Merchant may not initiate a sale Transaction in an attempt to collect a Chargeback. Merchant will pay the current published fees for each Chargeback as listed on Schedule A. Settlor will send Merchant any requests received from Issuing Banks or the Associations resulting from Merchant’s transactions (“Retrieval Request”) if the Settlor cannot satisfy the inquiry with the information retained by Settlor concerning any Card sale. In response to the Retrieval Request Merchant must provide by certified or overnight mail or by confirmed fax or scanned documents (or by other means as agreed by Bank) the results of Merchant’s investigation of such Retrieval Requests and include legible copies of any documentation required by the Retrieval- Request within seven (7) business days after the Settlor dispatched the Retrieval Request to Merchant (or such shorter time as the Card Association rules may require and of which Merchant will be notified). Merchant acknowledges that failure to fulfill a Retrieval Request in accordance with Card Association rules may result in an irreversible Chargeback. Merchant has full liability if any Sales Data for which Settlor has given Merchant’s Operating Account (as defined below) provisional credit is the subject of a chargeback. Merchant may be allowed to resubmit applicable sales data for a second presentation of a response to a chargeback in accordance with the Card Association rules. To the extent that Settlor has paid or may be called upon to pay a Chargeback or refund/adjustment for or on the account of a Cardholder and Merchant does not reimburse Settlor as provided in this Agreement, then for the purpose of Settlor obtaining reimbursement of such sums paid or anticipated to be paid, Bank and ISO have all of the rights and remedies of such Cardholder under applicable federal, provincial or local law and Merchant authorizes Settlor to assert any and all such claims in Bank and/or ISO’s own name for and on behalf of any such Cardholder customer individually or all such Cardholder customers as a class.

Chargebacks. Bank shall have the right, at any time and without notice, to chargeback to Merchant will accept for chargeback the full amount of any sale for which the Cardholder disputes the validity of the sale according to prevailing Card Association regulations, Item designated by Bank or a Card issuer Association or Settlor determines that Card issuing bank or which fails to meet the requirements of this Agreement, the Operating Manual, the Operating Regulations or applicable law (“Chargeback”) and to deduct, divert, withdraw or setoff the full amount of any such Chargeback from (a) payments due Merchant has in from Card transactions, (b) the Settlement Account, (c) the Reserve Account or (d) any way failed other account or amounts due Merchant. Merchant agrees to comply with be liable for and pay Bank for all Chargebacks. Merchant agrees to pay (a) the full amount of any Chargeback, including any fine or fee associated therewith and (b) the costs and expenses of Bank (including, without limitation, administrative charges, investigations, retrieval and legal fees and costs) related to any Item subject to (i) legal process (including reproduction of records), (ii) a bankruptcy or insolvency proceeding or (iii) Chargeback. If Bank or any Card Association regulations determines or Settlor's procedures suspects any Item to be questionable, such Item is subject to Chargeback. Bank shall retain any discount or fee related to a Chargeback transaction. Disputes relating to Chargebacks shall be governed by the Operating Regulations, including Merchant’s obligation to provide required documentation. If any of the Card Associations assess a fine in accepting connection with Merchant’s activities, including, without limitation, due to Chargebacks or credits/returns that exceed the industry standards or constitute excessive Chargebacks under the Operating Manual or Operating Regulations, Merchant shall be obligated to pay such fine, plus any other applicable charges. In addition, Merchant agrees to pay any fines or other amounts imposed by any Card Association for its activities, including without limitation, Chargebacks. Merchant agrees to obtain authorization for all Card transactions. Any Card transaction not properly authorized is made with full recourse to Merchant. Merchant acknowledges and agrees that authorization for a Card and transaction (i) indicates only the availability of credit at the time of the authorization, (ii) does not warrant that the person presenting the resulting Sales Draft Card is the rightful cardholder, (iii) is not an unconditional guaranty of payment to Settlor for purchase. Section 2.3 notwithstanding, Settlor may charge back the amount of a Merchant and (iv) does not guaranty that any Card sale for which the Cardholder disputes authorizing the charge if Xxxxxxxx failed transaction will not be subject to obtain the Card Imprint or the Cardholder’s signatureChargeback. Merchant may shall not initiate submit a sale Transaction in transaction that is an attempt to collect a Chargeback. Merchant will pay the current published fees for each Chargeback as listed on Schedule A. Settlor will send Merchant any requests received from Issuing Banks or the Associations resulting from Merchant’s transactions (“Retrieval Request”) if the Settlor cannot satisfy the inquiry with the information retained by Settlor concerning any Card sale. In response to the Retrieval Request Merchant must provide by certified or overnight mail or by confirmed fax or scanned documents (or by other means as agreed by Bank) the results of Merchant’s investigation of such Retrieval Requests and include legible copies of any documentation required by the Retrieval- Request within seven (7) business days after the Settlor dispatched the Retrieval Request to Merchant (or such shorter time as the Card Association rules may require and of which Merchant will be notified). Merchant acknowledges that failure to fulfill a Retrieval Request in accordance with Card Association rules may result in an irreversible Chargeback. Merchant has full liability if any Sales Data for which Settlor has given Merchant’s Operating Account (as defined below) provisional credit is the subject of a chargeback. Merchant may be allowed to resubmit applicable sales data for a second presentation of a response to a chargeback in accordance with the Card Association rules. To the extent that Settlor has paid or may be called upon to pay a Chargeback or refund/adjustment for or on which represents the account financing of an existing obligation to Merchant, including a Cardholder and Merchant does not reimburse Settlor as provided in this Agreement, then for the purpose of Settlor obtaining reimbursement of such sums paid or anticipated to be paid, Bank and ISO have all of the rights and remedies of such Cardholder under applicable federal, provincial or local law and Merchant authorizes Settlor to assert any and all such claims in Bank and/or ISO’s own name for and on behalf of any such Cardholder customer individually or all such Cardholder customers as a classdishonoured check.

Chargebacks. Contemporaneously with each Cardholder Purchase, a contingent and un-matured claim for Chargeback accrues against Merchant will in favor of Service Providers to the extent Service Providers are required, or exercise their right, to pay to the Card Networks with respect to any fees, discounts, customer credits and adjustments, charges, fines, assessments, penalties or other items, which may in turn be charged back to Merchant by Service Providers. Xxxxxxxx agrees that it is fully liable to Service Providers for all Chargebacks, and that Service Providers are authorized to offset from incoming transactions and to debit via transfer or ACH the Bank Account, the Reserve Account, or any other account held by Merchant at Bank in the amount of any Chargeback. If Merchant is identified in a Card Network chargeback program or is receiving excessive Chargebacks (as determined by reference to applicable Rules or Service Providers policy), then (i) Merchant shall be responsible to Service Providers for any fines and related third-party fees, along with any overhead required for Service Providers to complete its responsibilities relative to the identification; (ii) at Service Providers‘ sole discretion, Services can be immediately suspended until Merchant obtains Service Providers’ approval of and implements a Chargeback remediation plan; and, (iii) if in any calendar month within the six months immediately following resumption of Services (after implementing approved remediation plan) and Merchant receives excessive Chargebacks then Service Providers can immediately terminate this Agreement. Xxxxxxxx agrees to accept for chargeback any sale for which Chargeback where the Cardholder disputes the validity of the sale Transaction according to prevailing Card Association regulations, or a Card issuer or Settlor the Rules. Merchant is liable for any Transaction that Service Providers reasonably determines that Merchant has in any way failed to comply with Card Association regulations or Settlor's procedures in accepting a Card and presenting the resulting Sales Draft to Settlor for purchase. Section 2.3 notwithstandingRules, Settlor may charge back the amount of a Card sale for which the Cardholder disputes authorizing the charge if Xxxxxxxx failed to obtain the Card Imprint or the Cardholder’s signature. Merchant may not initiate a sale Transaction in an attempt to collect a Chargeback. Merchant will pay the current published fees for each Chargeback as listed on Schedule A. Settlor will send Merchant any requests received from Issuing Banks or the Associations resulting from Merchant’s transactions (“Retrieval Request”) if the Settlor cannot satisfy the inquiry with the information retained by Settlor concerning any Card sale. In response to the Retrieval Request Merchant must provide by certified or overnight mail or by confirmed fax or scanned documents (or by other means as agreed by Bank) the results of Merchant’s investigation of such Retrieval Requests and include legible copies of any documentation required by the Retrieval- Request within seven (7) business days after the Settlor dispatched the Retrieval Request to Merchant (or such shorter time as the Card Association rules may require and of which Merchant will be notified). Merchant acknowledges that failure to fulfill a Retrieval Request in accordance with Card Association rules may result in an irreversible Chargeback. Merchant has full liability if any Sales Data for which Settlor has given Merchant’s Operating Account (as defined below) provisional credit is the subject of a chargeback. Merchant may be allowed to resubmit applicable sales data for a second presentation of a response to a chargeback in accordance with the Card Association rules. To the extent that Settlor has paid or may be called upon to pay a Chargeback or refund/adjustment for or on the account of a Cardholder and Merchant does not reimburse Settlor as provided in Service Providers’ procedures, this Agreement, then or that Service Providers determine that the Transaction record is fraudulent or that the Transaction is not bona fide or is subject to any claim of illegality, cancellation, rescission, avoidance or offset for any reason whatsoever, including without limitation negligence, fraud or dishonesty on the purpose part of Settlor obtaining reimbursement of such sums paid Merchant or anticipated to be paid, Bank and ISO have all of the rights and remedies of such Cardholder under applicable federal, provincial Merchant’s agents or local law and Merchant authorizes Settlor to assert any and all such claims in Bank and/or ISO’s own name for and on behalf of any such Cardholder customer individually or all such Cardholder customers as a classemployees.

Chargebacks. Merchant will accept for chargeback any sale for which the Cardholder disputes the validity of the sale according to prevailing Card Association regulations, or a Card issuer or Settlor determines that Merchant has in any way failed to comply with Card Association regulations or Settlor's procedures in accepting a Card and presenting the resulting Sales Draft to Settlor for purchase. Section 2.3 notwithstanding, Settlor may charge back the amount of a Card sale for which the Cardholder disputes authorizing the charge if Xxxxxxxx Merchant failed to obtain the Card Imprint or the Cardholder’s signature. Merchant may not initiate a sale Transaction in an attempt to collect a Chargeback. Merchant will pay the current published fees for each Chargeback as listed on Schedule A. Settlor will send Merchant any requests received from Issuing Banks or the Associations resulting from Merchant’s transactions (“Retrieval Request”) if the Settlor cannot satisfy the inquiry with the information retained by Settlor concerning any Card sale. In response to the Retrieval Request Merchant must provide by certified or overnight mail or by confirmed fax or scanned documents (or by other means as agreed by Bank) the results of Merchant’s investigation of such Retrieval Requests and include legible copies of any documentation required by the Retrieval- Request within seven (7) business days after the Settlor dispatched the Retrieval Request to Merchant (or such shorter time as the Card Association rules may require and of which Merchant will be notified). Merchant acknowledges that failure to fulfill a Retrieval Request in accordance with Card Association rules may result in an irreversible Chargeback. Merchant has full liability if any Sales Data for which Settlor has given Merchant’s Operating Account (as defined below) provisional credit is the subject of a chargeback. Merchant may be allowed to resubmit applicable sales data for a second presentation of a response to a chargeback in accordance with the Card Association rules. To the extent that Settlor has paid or may be called upon to pay a Chargeback or refund/adjustment for or on the account of a Cardholder and Merchant does not reimburse Settlor as provided in this Agreement, then for the purpose of Settlor obtaining reimbursement of such sums paid or anticipated to be paid, Bank and ISO have all of the rights and remedies of such Cardholder under applicable federal, provincial or local law and Merchant authorizes Settlor to assert any and all such claims in Bank and/or ISO’s own name for and on behalf of any such Cardholder customer individually or all such Cardholder customers as a class.

Chargebacks. Merchant will accept for chargeback any sale for which All payments made through the Cardholder disputes Payment Networks are conditional and subject to reversals and adjustments. The Rules and applicable laws give parties to payment transactions certain rights to dispute transactions long after payment has been made to the validity of the sale according merchant. A transaction may be reversed or charged back to prevailing Card Association regulations, or a Card issuer or Settlor determines that Merchant has in any way failed to comply with Card Association regulations or Settlor's procedures in accepting a Card and presenting the resulting Sales Draft to Settlor for purchase. Section 2.3 notwithstanding, Settlor may charge back the amount of a Card sale for which the Cardholder disputes authorizing the charge if Xxxxxxxx failed to obtain the Card Imprint or the Cardholder’s signature. Merchant may not initiate a sale Transaction in an attempt to collect a Chargeback. Merchant will pay the current published fees for each Chargeback as listed on Schedule A. Settlor will send Merchant any requests received from Issuing Banks or the Associations resulting from Merchant’s transactions Deposit Account (a “Retrieval RequestChargeback”) if the Settlor cantransaction (i) is disputed by the Customer; (ii) is reversed for any reason; (iii) was not satisfy authorized or Provider has any reason to believe that the inquiry transaction was not authorized; or (iv) is allegedly unlawful, suspicious, or in violation of the terms of this Agreement. Provider does not decide what transactions are charged back and does not control the ultimate resolution of the Chargeback. Xxxxxxxx is responsible for all Chargebacks, whether or not the Chargeback complies with the information retained by Settlor concerning Rules. For any Card saletransaction that results in a Chargeback, Provider will withhold the Chargeback amount and any associated fees, fines and penalties from transaction settlements otherwise due to Merchant or will deduct the amount of any Chargeback from Merchant’s Deposit Account. In response If Provider is unable to recover funds related to a Chargeback for which Xxxxxxxx is liable, Xxxxxxxx agrees to pay Provider the Retrieval Request full amount of the Chargeback and all associated fees, fines and penalties immediately upon demand. While Xxxxxxxx may still be able to pursue a claim directly against the cardholder, neither Provider, Processor nor Bank is responsible for such transaction. If Provider, Processor or Bank, in our sole discretion, determine that Merchant must provide by certified is incurring an excessive amount of Chargebacks, Provider, Processor or overnight mail Bank may establish controls or by confirmed fax conditions governing Merchant’s Deposit Account, including without limitation (i) assessing additional Fees; (ii) delaying settlement payouts; and (iii) terminating or scanned documents (or by other means as agreed by Bank) suspending the results Services. Xxxxxxxx agrees to timely assist Provider when requested, at Xxxxxxxx’s expense, to investigate any of Merchant’s investigation of such Retrieval Requests transactions processed through this Agreement. Merchant hereby permits Provider to share information about a Chargeback with the Customer, the Customer’s financial institution, and include legible copies of any documentation required Merchant’s financial institution in order to investigate and/or mediate a Chargeback. Provider will request necessary information from Merchant to contest the Chargeback. If the Chargeback is contested successfully, Provider will release the reserved funds to Merchant’s Deposit Account. If a Chargeback dispute is not resolved in Merchant’s favor by the Retrieval- Request within seven (7) business days after Payment Network or Issuing Bank, or Merchant chooses not to contest the Settlor dispatched Chargeback, Provider may recover the Retrieval Request to Merchant (or such shorter time Chargeback amount and any associated fees as the Card Association rules may require and of which Merchant will be notified)described in this Agreement. Merchant acknowledges that its failure to fulfill assist Provider in a Retrieval Request in accordance with Card Association rules timely manner may result in an irreversible Chargeback. Merchant has full liability if any Sales Data for which Settlor has given Merchant’s Operating Account (as defined below) provisional credit is the subject of a chargeback. Merchant may be allowed to resubmit applicable sales data for a second presentation of a response to a chargeback in accordance with the Card Association rules. To the extent that Settlor has paid or may be called upon to pay a Chargeback or refund/adjustment for or on the account of a Cardholder and Merchant does not reimburse Settlor as provided in this Agreement, then for the purpose of Settlor obtaining reimbursement of such sums paid or anticipated to be paid, Bank and ISO have all of the rights and remedies of such Cardholder under applicable federal, provincial or local law and Merchant authorizes Settlor to assert any and all such claims in Bank and/or ISO’s own name for and on behalf of any such Cardholder customer individually or all such Cardholder customers as a class.

Chargebacks. Contemporaneously with each Cardholder Purchase, a contingent and un-matured claim for Chargeback accrues against Merchant will in favor of Service Providers to the extent Service Providers are required, or exercise their right, to pay to the Card Networks with respect to any fees, discounts, customer credits and adjustments, charges, fines, assessments, penalties or other items, which may in turn be charged back to Merchant by Service Providers. Merchant agrees that it is fully liable to Service Providers for all Chargebacks, and that Service Providers are authorized to offset from incoming transactions and to debit via transfer or ACH the Service Providers Account, the Reserve Account, or any other account held by Merchant at Bank in the amount of any Chargeback. If Merchant is identified in a Card Network chargeback program or is receiving excessive Chargebacks (as determined by reference to applicable Rules or Service Providers policy), then (i) Merchant shall be responsible to Service Providers for any fines and related third-party fees, along with any overhead required for Service Providers to complete its responsibilities relative to the identification; (ii) at Service Providers‘sole discretion, Services can be immediately suspended until Merchant obtains Service Providers’ approval of and implements a Chargeback remediation plan; and, (iii) if in any calendar month within the six months immediately following resumption of Services (after implementing approved remediation plan) and Merchant receives excessive Chargebacks then Service Providers can immediately terminate this Agreement. Merchant agrees to accept for chargeback any sale for which Chargeback where the Cardholder disputes the validity of the sale Transaction according to prevailing Card Association regulations, or a Card issuer or Settlor the Rules. Merchant is liable for any Transaction that Service Providers reasonably determines that Merchant has in any way failed to comply with Card Association regulations or Settlor's procedures in accepting a Card and presenting the resulting Sales Draft to Settlor for purchase. Section 2.3 notwithstandingRules, Settlor may charge back the amount of a Card sale for which the Cardholder disputes authorizing the charge if Xxxxxxxx failed to obtain the Card Imprint or the Cardholder’s signature. Merchant may not initiate a sale Transaction in an attempt to collect a Chargeback. Merchant will pay the current published fees for each Chargeback as listed on Schedule A. Settlor will send Merchant any requests received from Issuing Banks or the Associations resulting from Merchant’s transactions (“Retrieval Request”) if the Settlor cannot satisfy the inquiry with the information retained by Settlor concerning any Card sale. In response to the Retrieval Request Merchant must provide by certified or overnight mail or by confirmed fax or scanned documents (or by other means as agreed by Bank) the results of Merchant’s investigation of such Retrieval Requests and include legible copies of any documentation required by the Retrieval- Request within seven (7) business days after the Settlor dispatched the Retrieval Request to Merchant (or such shorter time as the Card Association rules may require and of which Merchant will be notified). Merchant acknowledges that failure to fulfill a Retrieval Request in accordance with Card Association rules may result in an irreversible Chargeback. Merchant has full liability if any Sales Data for which Settlor has given Merchant’s Operating Account (as defined below) provisional credit is the subject of a chargeback. Merchant may be allowed to resubmit applicable sales data for a second presentation of a response to a chargeback in accordance with the Card Association rules. To the extent that Settlor has paid or may be called upon to pay a Chargeback or refund/adjustment for or on the account of a Cardholder and Merchant does not reimburse Settlor as provided in Service Providers’ procedures, this Agreement, then or that Service Providers determine that the Transaction record is fraudulent or that the Transaction is not bona fide or is subject to any claim of illegality, cancellation, rescission, avoidance or offset for any reason whatsoever, including without limitation negligence, fraud or dishonesty on the purpose part of Settlor obtaining reimbursement of such sums paid Merchant or anticipated to be paid, Bank and ISO have all of the rights and remedies of such Cardholder under applicable federal, provincial Merchant’s agents or local law and Merchant authorizes Settlor to assert any and all such claims in Bank and/or ISO’s own name for and on behalf of any such Cardholder customer individually or all such Cardholder customers as a classemployees.

Chargebacks. Merchant will accept for chargeback any sale for which the Cardholder disputes the validity of the sale according to prevailing Card Association regulations, or a Card issuer or Settlor Bank determines that Merchant has in any way failed to comply with Card Association regulations or SettlorBank's procedures in accepting a Card and presenting the resulting Sales Draft to Settlor Bank for purchase. Section 2.3 2.03 notwithstanding, Settlor Bank may charge back the amount of a Card sale for which the Cardholder disputes authorizing the charge if Xxxxxxxx Merchant failed to obtain the Card Imprint or the Cardholder’s signature. Merchant may not initiate a sale Transaction in an attempt to collect a Chargeback. Merchant will pay the current published fees for each Chargeback as listed on Schedule A. Settlor Bank will send Merchant any requests received from Issuing Banks or the Associations resulting from Merchant’s transactions (“Retrieval Request”) if the Settlor Bank cannot satisfy the inquiry with the information retained by Settlor Bank concerning any Card sale. In response to the Retrieval Request Merchant must provide by certified or overnight mail or by confirmed fax or scanned documents (or by other means as agreed by Bank) the results of Merchant’s investigation of such Retrieval Requests and include legible copies of any documentation required by the Retrieval- Retrieval Request within seven (7) business days after the Settlor Bank dispatched the Retrieval Request to Merchant (or such shorter time as the Card Association rules may require and of which Merchant will be notified). Merchant acknowledges that failure to fulfill a Retrieval Request in accordance with Card Association rules may result in an irreversible Chargeback. Merchant has full liability if any Sales Data for which Settlor Bank has given Merchant’s Operating Account (as defined below) provisional credit is the subject of a chargeback. Merchant may be allowed to resubmit applicable sales data for a second presentation of a response to a chargeback in accordance with the Card Association rules. To the extent that Settlor Bank has paid or may be called upon to pay a Chargeback or refund/adjustment for or on the account of a Cardholder and Merchant does not reimburse Settlor Bank as provided in this Agreement, then for the purpose of Settlor Bank obtaining reimbursement of such sums paid or anticipated to be paid, Bank and ISO have has all of the rights and remedies of such Cardholder under applicable federal, provincial or local law and Merchant authorizes Settlor Bank to assert any and all such claims in Bank and/or ISOBank’s own name for and on behalf of any such Cardholder customer individually or all such Cardholder customers as a class.

Chargebacks. Contemporaneously with each Cardholder Purchase, a contingent and un-matured claim for Chargeback accrues against Merchant will in favor of Service Providers to the extent Service Providers are required, or exercise their right, to pay to the Card Networks with respect to any fees, discounts, customer credits and adjustments, charges, fines, assessments, penalties or other items, which may in turn be charged back to Merchant by Service Providers. Xxxxxxxx agrees that it is fully liable to Service Providers for all Chargebacks, and that Service Providers are authorized to offset from incoming transactions and to debit via transfer or ACH the Service Providers Account, the Reserve Account, or any other account held by Merchant at Bank in the amount of any Chargeback. If Merchant is identified in a Card Network chargeback program or is receiving excessive Chargebacks (as determined by reference to applicable Rules or Service Providers policy), then (i) Merchant shall be responsible to Service Providers for any fines and related third-party fees, along with any overhead required for Service Providers to complete its responsibilities relative to the identification; (ii) at Service Providers‘sole discretion, Services can be immediately suspended until Merchant obtains Service Providers’ approval of and implements a Chargeback remediation plan; and, (iii) if in any calendar month within the six months immediately following resumption of Services (after implementing approved remediation plan) and Merchant receives excessive Chargebacks then Service Providers can immediately terminate this Agreement. Xxxxxxxx agrees to accept for chargeback any sale for which Chargeback where the Cardholder disputes the validity of the sale Transaction according to prevailing Card Association regulations, or a Card issuer or Settlor the Rules. Merchant is liable for any Transaction that Service Providers reasonably determines that Merchant has in any way failed to comply with Card Association regulations or Settlor's procedures in accepting a Card and presenting the resulting Sales Draft to Settlor for purchase. Section 2.3 notwithstandingRules, Settlor may charge back the amount of a Card sale for which the Cardholder disputes authorizing the charge if Xxxxxxxx failed to obtain the Card Imprint or the Cardholder’s signature. Merchant may not initiate a sale Transaction in an attempt to collect a Chargeback. Merchant will pay the current published fees for each Chargeback as listed on Schedule A. Settlor will send Merchant any requests received from Issuing Banks or the Associations resulting from Merchant’s transactions (“Retrieval Request”) if the Settlor cannot satisfy the inquiry with the information retained by Settlor concerning any Card sale. In response to the Retrieval Request Merchant must provide by certified or overnight mail or by confirmed fax or scanned documents (or by other means as agreed by Bank) the results of Merchant’s investigation of such Retrieval Requests and include legible copies of any documentation required by the Retrieval- Request within seven (7) business days after the Settlor dispatched the Retrieval Request to Merchant (or such shorter time as the Card Association rules may require and of which Merchant will be notified). Merchant acknowledges that failure to fulfill a Retrieval Request in accordance with Card Association rules may result in an irreversible Chargeback. Merchant has full liability if any Sales Data for which Settlor has given Merchant’s Operating Account (as defined below) provisional credit is the subject of a chargeback. Merchant may be allowed to resubmit applicable sales data for a second presentation of a response to a chargeback in accordance with the Card Association rules. To the extent that Settlor has paid or may be called upon to pay a Chargeback or refund/adjustment for or on the account of a Cardholder and Merchant does not reimburse Settlor as provided in Service Providers’ procedures, this Agreement, then or that Service Providers determine that the Transaction record is fraudulent or that the Transaction is not bona fide or is subject to any claim of illegality, cancellation, rescission, avoidance or offset for any reason whatsoever, including without limitation negligence, fraud or dishonesty on the purpose part of Settlor obtaining reimbursement of such sums paid Merchant or anticipated to be paid, Bank and ISO have all of the rights and remedies of such Cardholder under applicable federal, provincial Merchant’s agents or local law and Merchant authorizes Settlor to assert any and all such claims in Bank and/or ISO’s own name for and on behalf of any such Cardholder customer individually or all such Cardholder customers as a classemployees.