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assumption that your transactions will qualify at a certain interchange level Settlement Account is maintained that all mor` ' ' `' ` "
<br /> (your Anticipated Interchange Levels),as set by the applicable Association. ment and under any other agreements with u 6.1.D. - Page 31
<br /> If a transaction fails to qualify for your Anticipated Interchange Levels, related services have been paid in full.
<br /> then the Association will downgrade the transaction and process it at a 18.9. You agree to pay any fines imposed on us by any Association
<br /> more costly interchange level for which it does qualify.In that event,you resulting from Chargebacks and any other fees or fines imposed by an
<br /> shall be charged a Non-Qualified Interchange Fee,which is the difference Association with respect to your acts or omissions.You are responsible for
<br /> in the interchange fee associated with the Anticipated Interchange Level any fines or fees imposed on us as a result of acts or omissions by your
<br /> and the interchange fee associated with the interchange level at which agents or third parties.
<br /> the transaction actually was processed;plus,any applicable Non-Qualified 18.10.If your Chargeback percentage for any line of business exceeds the
<br /> Surcharge for each non-qualifying transaction,the amount of which is set estimated industry Chargeback Percentage,you shall,in addition to the
<br /> forth in the service fee schedule.For more information on Visa's and chargeback fees and any applicable Chargeback handling fees or fines,
<br /> MasterCard's interchange rates,please go to www.visa.com and pay us an excessive Chargeback fee for all Chargebacks occurring in such
<br /> www.mastercard.com. month in such line(s)of business.Each estimated industry Chargeback
<br /> 18.2. Should you have questions regarding any Non-Qualified fees Percentage is subject to change from time to time by us in order to reflect
<br /> (including Non-Qualified Interchange Fees or Non-Qualified Surcharge), changes in the industry Chargeback Percentages reported by Visa,
<br /> submit a Non-Qualified Fee Inquiry(NFI)request in writing(either MasterCard or Discover.Your Chargeback Percentage will be calculated as
<br /> letter,fax or email)within 90 days from the mail date(post mark)of the larger of(a)the total Visa,MasterCard and Discover Chargeback items
<br /> the monthly statement in question.Note that NFI requests received in any line of business in any calendar month divided by the number of
<br /> after the 90 day limit may not be considered for refund review.The Visa,MasterCard and Discover transactions in that line of business
<br /> subject line or reference at the top of your NFI request must state submitted that month,or(b)the total dollar amount of Visa,MasterCard
<br /> "Non-Qualified Fee Inquiry."Your NFI request must include your and Discover Chargebacks in any line of business received in any calendar
<br /> merchant name,merchant number,billing address,and the month of month divided by the total dollar amount of your Visa,MasterCard and
<br /> the processing statement on which the non-qualified fees appeared. Discover transactions in that line of business submitted in that month.
<br /> When possible,also include a copy of the statement on which the fees 18.11.If you believe any adjustments should be made with respect to your
<br /> in question appear.Written fee inquiries should be submitted by email Settlement Account,you must notify us in writing within 45 days after any
<br /> to nfirequest@wellsfargomerchantservicesllc.com;via fax to(954) debit or credit is or should have been effected.If you notify us after such
<br /> 509-1822;or if mailed,sent to:Wells Fargo Merchant Services,LLC, time period,we may,in our discretion,assist you,at your expense,in
<br /> P.O.Box 6699,Hagerstown,MD 21740,Attn:NFI Investigations Unit. investigating whether any adjustments are appropriate and whether any
<br /> We will provide a written response to your NFI with an explanation.If amounts are due to or from other parties,but we shall not have any
<br /> through our research,we find that a refund is due,we will credit your obligation to investigate or effect any such adjustments.Any voluntary
<br /> account within 30 days from the date our research was completed. efforts by us to assist you in investigating such matters shall not create
<br /> NFI requests not received in accordance with the foregoing shall not any obligation to continue such investigation or any future investigation.
<br /> be subject to the response times set forth in this Section.
<br /> 18.3. Authorization/EDC Fees will be charged for each transaction that
<br /> you attempt to authorize.Capture and/or Transaction fees will be charged 19.1. You shall be responsible for reimbursing us for all transactions you
<br /> for each transaction that you transmit to us for settlement. submit that are charged back.See the Operating Procedures for additional
<br /> 18.4. The fees for Services set forth in this Agreement are based upon information regarding Chargebacks and Chargeback procedures.
<br /> assumptions associated with the anticipated annual volume and average 19.2. You shall reimburse us for any Chargebacks,return items,or other
<br /> transaction size for all Services as set forth in this Agreement and your losses resulting from your failure to produce a Card transaction record
<br /> method of doing business.If the actual volume or average transaction requested by us within the applicable time limits.
<br /> size are not as expected or if you significantly alter your method of doing
<br /> business,we may adjust your fees for Services without prior notice. �
<br /> �
<br /> 18.5. The fees for Services set forth in this Agreement may be adjusted
<br /> to reflect increases or decreases by Associations in interchange, 20.1. Without limiting any other warranties hereunder,you represent
<br /> assessments and other Association fees or to pass through increases and warrant as to each Card transaction submitted under our Agreement
<br /> charged by third parties for on-line communications and similar items.All that:
<br /> such adjustments shall be your responsibility to pay and shall become 20.1.1. the Card transaction represents a bona fide sale/rental of
<br /> effective upon the date any such change is implemented by the merchandise or services not previously submitted;
<br /> applicable Association or third party.
<br /> 20.1.2. the Card transaction represents an obligation of the Cardholder
<br /> 18.6. Subject to Section 233,we may also increase our fees for Services for the amount of the Card transaction;
<br /> for any other reason by notifying you twenty(20)days prior to the effective
<br /> date of any such change. 20.1.3. the amount charged for the Card transaction is not subject to
<br /> any dispute,setoff or counterclaim;
<br /> 18.7. If you receive settlement funds by wire transfer,we may charge a
<br /> wire transfer fee per wire. 20.1.4. the Card transaction amount is only for the merchandise or
<br /> services(including taxes,but without any surcharge)sold or rented and,
<br /> 18.8. To the extent the Automated Clearing House(ACH)settlement except for any delayed delivery or advance deposit Card transactions
<br /> process is used to effect debits or credits to your Settlement Account,you expressly authorized by this Agreement,the merchandise or service was
<br /> agree to be bound by the terms of the operating rules of the National actually delivered to or performed for the person entering into the Card
<br /> Automated Clearing House Association,as in effect from time to time.You transaction simultaneously upon your accepting and submitting the Card
<br /> hereby authorize us to initiate credit and debit entries and adjustments to transaction for processing;
<br /> your account through the ACH settlement process and/or through direct
<br /> instructions to the financial institution where your Settlement Account is 20.1.5. the Card transaction does not represent the refinancing
<br /> maintained for amounts due under this Agreement and under any of an existing obligation of the Cardholder(including any obligation
<br /> agreements with us or our affiliates for any related services,as well as for otherwise owed to you by a Cardholder or arising from the dishonor of
<br /> any credit entries in error.You hereby authorize the financial institution a personal check);
<br /> where your Settlement Account is maintained to effect all such debits and 20.1.6. you have no knowledge or notice of any fact,circumstances or
<br /> credits to your account.This authority will remain in full force and effect defense which would indicate that the Card transaction was fraudulent or
<br /> until we have given written notice to the financial institution where your not authorized by the Cardholder or which would otherwise impair the
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