Agmt11 EPX-Electronic Payment Exchange

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2.2. Merchant Account Chanees. Merchant shall provide thc infocmation rcquired by the Mcrchant Profile Setup Form provided to Merchant by 6PX and shal( promp[ly notify EPX of any changes in this information. 2.3. Merchant Operatine Account. Prior to accepting any Cazds, Merchant shall establish an Operating Account. Merchant authorizes Bank or EPX to debit all amounts Merchant owes Bank or EPX herein from the Operating Account, whcther maintained at Bank or ar�othcr financial institution, at times deemed appropriate by Bank or EPX through the ACH Banking Network or by a manual debit of the account. Merchant waives claims for loss or damage arising out of any charges or debits to the Operating Account against Bank or any ott�er financial insutution where the Operating Account is maintained, except where arising out of Bank or �PX's negligencc or willful misconduct. 2.4. Reserve Account. Upon execution of this Agreement, Bank or EPX may establish a Reserve Account for all future liabilities of Merchant to Bank or EPX which may arise out of this Agreement, including, but not limited to, Chargebacks, fines and fees. Bank or EPX shall infortn Merchant of the initial amount required for the Reserve Account at the commencement of this Ageement. The Bank or EPX may change the amount of the Reserve Account as reasonably necessary and Merchant shall be immediately notificd of such change. The Reserve Account may be funded by deduction from payments due Merchant or a charge against MerchanYs Operating Account or against any of Merchant's accounts at Bank. The Reserve Account will be maintained for a minimum of si�c (6) months from the termination date of this Agreement or until such time as Bank or EPX detem�ines that the rclease of the funds to Mcrchant is prudent, commercially reasonable and Merchant's account with Bank and EPX is fully resolved. Upon expirntion of this six (6) month period, any balance remaining in the Reserve Account will be paid to Merchant. Bank or EPX will infortn Merchant in writing of any charges debited to the Rescrve Account during this period. 2.5. Adiustmcnts and Retums. Merchant will maiutain a fair exchange and retum policy and make adjustments with respect ro goods and services sold and/or leased to its customers whenever appropriate. If goods aze returned, or services are terminated or canceled, or any price is adjusted, Merchant will prepaze and transmit a credit or retum Transaction, either elechonically or by paper, for the amount of the adjushncnt as a deduction from the totai amount of T�ansactions transmitted d�at day. If the amount of credit or retum Transactions exceeds the arnount of sales Transacdons, EPX shall fund the excess via Merchant's Reserve Account and/or Operadng Accoueit Merchant shall make no cash refunds on Transactions and shall handle all crodit adjustments as provided in this paragraph. If no refund or return wil] be given, Cardhoider must be advised in writing that the sale is a"fmal sale" and "no retums" are pertnitted at the time of the Transaction. Cazdholder also must be advised in writing of any no-cash refund policy, in store credit only. Merchant shall follow Association reservation/no-show policy. Merchant must notify Cardholders in writing of this policy on all advance reservations. The Cardholder must be noufied at the time of the reservation of the exact number of days required for reservation deposit refunds. 2.6. Customer Complainis. Merchant shall respond promptly to inquiries from Cardholders and shall resolve any disputes amicably. Bank and EPX �eserve the right to charge Merchant reasonable fees and reimbwscment on acwum of excessive Cardholder inquiries, refunds or Chazgebacks. Meichant agrees to maintain the following informauon in writing with respect to each claim or defense asserted by a Cazdholder for which Merchant has received notice: i. The Cazdholdets name; ii. A unique contirmation number (transaction seyuence nwnber, or other identifier) that the Merchant can use to reference the transaction in subsequent communications with thc Bank or EPX; iii. The date and time the Cazdholder assencd the claim or defense; iv. The nature of the claim or defense; and v. The action which Merchant took in an attempt to resolve the dispute. Ini�ials �',,, � Pn�;e 3 ot' 19 �