- Our Collection Rights for Chargebacks: For any transaction that results in a Chargeback, we may withhold the Chargeback amount in a Reserve. We may debit the amount of any Chargeback and any associated Fees, fines, or from your Settlement Amount and/or Reserve. If we reasonably believe that a Chargeback is likely with respect to any transaction, we may withhold the amount of the potential Chargeback from payments otherwise due to you under this Agreement until such time that:
- Chargeback is assessed due to a Customer’s complaint, in which case we will retain the funds.
- The period of time under applicable law or regulation or Card Association Rules by which the Customer may dispute that the transaction has expired.
- We determine that a Chargeback on the transaction will not occur. If we are unable to recover funds related to a Chargeback for which you are liable, you will pay us the full amount of the Chargeback immediately upon demand. You agree to pay all costs and expenses, including without limitation attorneys’ fees and other legal expenses, incurred by or on behalf of us with respect to collection of all Outstanding Amounts unpaid by you.
- Excessive Chargebacks: If we determine that you are incurring an excessive amount of Chargebacks, GoEasyPOS may establish controls or conditions governing the Transactions contemplated under this Agreement, including without limitation, by (a) establishing new processing fees, (b) creating a Reserve in an amount reasonably determined by us to cover anticipated Chargebacks and related fees, (c) delaying payouts, and (d) terminating or suspending the Services.
- Contesting Disputed Transactions: In the event of a Chargeback dispute relating to a Transaction contemplated under this Agreement (“Disputed Transaction”), on any grounds whatsoever, GoEasyPOS shall forthwith notify you of the same. On such notification you shall conduct an internal review of such matter and shall within 5 (five) days from receipt of notice, revert to GoEasyPOS in writing either:
Requesting GoEasyPOS to refund (”Refund Request”) the Customer Charge Amount received by it in respect of such Transaction (“Refund Monies”); or
Providing GoEasyPOS with a statement explaining how the Disputed Transaction is not warranted together with all documentary evidence in support of contesting such Disputed Transaction.
In the event that you:
(i) Provide a Refund Request to GoEasyPOS (ii) Fail to provide Refund Request and fail to contest such Disputed Transaction within the aforesaid period or contests Disputed Transaction without providing supporting documentation to the satisfaction of GoEasyPOS, Acquiring Banks, Card Association and/or Issuing Institution, GoEasyPOS shall be entitled to recover the Refund Monies from Settlement Amount subsequently made to the Nodal Account. In the event that GoEasyPOS is unable to recover the Refund Monies as aforesaid, due to the Settlement Amount credited to the Nodal Account being lower than the Refund Monies, GoEasyPOS shall deduct the remaining Refund Monies from the Reserve (if any) or set-off the remaining Refund Monies against the future Settlement Amounts payables to you and refund the same to the Customer. You shall be liable to make payment of the Refund Monies or part there of which has not been recovered by GoEasyPOS forthwith.
It is hereby agreed and acknowledged by the Parties that the TDR charged by GoEasyPOS in respect of a Transaction that has been confirmed shall not be refunded or repaid by GoEasyPOS to you or any other person irrespective of the Customer Charge being rejected, chargeback, refunded or disputed.