Commerical Entity Agreement - Square Inc.

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Commercial Entity Agreement https: //squareup.com/I egal/cea Seller is authorized to use the Visa and MasterCard logos or marks only on Seller's promotional materials and website to indicate that Visa and MasterCard cards are accepted as funding sources for Square Transactions. (o) Chargebacks, Seller shall use all reasonable methods to resolve disputes with the Customer. Should a Chargeback dispute occur, Seller shall promptly comply with all requests for information from Square. Seller shall not attempt to recharge a Customer for an item that has beenn charged back to the Customer, even with the Customer's consent. You shall have full liability for the amount of any and all successful Chargebaeks (and may have conditional liability for such Chargebacks prior to their final adjudication pursuant to the Card Brand Rules). 2. Authorizations Required For All Transactions. Seller is required to obtain an authorization through the Square Service, in accordance with this Agreement, for each Transaction. Paymentech reserves the right to refuse to process any Transaction Data presented by Seller unless it includes a proper authorization. 3. Refunds. Seller is required to maintain a refund policy if Seller limits refund/exchange terms or other specific conditions for Card Transactions, Seller's policy must be clearly provided to the Customer prior to the sale and as part of the sale confirmation process. Proper disclosure would include wording that is prominently displayed and states "NO REFUND, EXCHANGE ONLY" or something substantially similar and includes any special terms. Qualifying Seller's refund or exchange terms does not completely eliminate Seller's liability for a refund because consurner protection laws and Card Brand Rules frequently allow the Customer to still dispute these items. If, under Seller's refund policy, Seller allows a refund, Seller shall implement such refund within three (3) days of approving the Customer's request for such refund. The amount of a refund cannot exceed the amount shown as the total on the original Transaction Data except by the exact amount required to reimburse the Customer for shipping charges that the Customer paid to return merchandise. Seller shall not accept any payment from a Customer as consideration for issuing a refund. 4. Term And Termination. This Agreement is effective upon the date Seller agrees to it (by electronically indicating acceptance hereof or othelwvise) and continues so long as Seller uses the Square Service or until terminated by Seller or Paymentech. This Agreement will terminate automatically upon any termination or expiration of your Seller Agreement. This Agreement may be terminated by Paymentech at any time based on a breach of any of Seller's obligations under this Agreement or the Seller Agreement, or based on the termination of the payment processing relationship between Square and Paymentech. In addition and without limiting the generality of the foregoing, Paymentech may terminate this Agreement at any time upon written notice to Seller as a result of any of the following events: (a) irregular Transactions by Seller, excessive Chargebacks, or any other circumstances which., in Paymentech's discretion, may increase Paymentech's or Member's exposure for Seller's Chargebacks or otherwise present an unreasonable anticipated financial, reputational, or legal risk to Payrentech; (b) Seller fails in any material respect in performance or observance of any terns, covenant, condition, or agreement contained in this Agreement or the Seller Agreement, including, without limitation, the funding or establishing of any reserve account which Square may require; (c) a case or other 5 of 23 7/13/2018, 10:16 AM