Chargeback Policy

Any standards and procedures regarding review and approval of chargebacks to Sellers that must be complied with are set forth in this Chargeback Policy.

1. Definitions

Capitalized terms not defined in the Cooperation Agreement accepted by the parties shall have the meaning set out below:

1.1. “Chargeback Window” means the time period commencing on the date on which ViaBill reviewed the transaction subject to a chargeback request and expiring on the date as determined by the credit card issuer or payment processor in question.

1.2. “Eligible Chargeback” means a chargeback with regard to which ViaBill receives a chargeback notice from a credit card issuer or payment processor under one of the reason codes stated in Section 5 below during the Chargeback Window with respect to a ViaBill Sale.

1.3. “Required Information” means the information requested as part of the examination of the chargeback request.

1.4. “Transaction” means a transaction made by a Customer choosing to pay with the Service on a Site.

1.5. “Payment Value” means the USD value of the questioned order submitted to and captured by ViaBill.

2. Chargeback Eligibility

2.1. ViaBill may receive a chargeback request from a credit card issuer or payment processor due to the following reasons. The list in not comprehensive, as other reasons may lead to a chargeback request.

2.1.1. Goods were not received. If the Customer claims to have not received the goods in question, but ViaBill captures the instalment(s), due to the Seller has made a Capture.

2.1.2. Goods were significantly not as described. If the Customer received the goods but claims that such are not what were ordered.

2.1.3. Unauthorized transaction. If the Customer claims that an unauthorized person accessed their ViaBill account or credit card and used such to make a Transaction.

2.1.4. Unawareness. The Customer does not remember to have made the Transaction.

2.2. When ViaBill receives a chargeback request, ViaBill shall review the Transaction compared to the chargeback request. ViaBill may ask the Seller for information regarding any such Transaction. Such information may include the invoice, detail of any e-mail/chat/phone calls between the Seller and the Customer and any other details that may be relevant in accordance to the assessment of the chargeback request. The Seller must submit such details within reasonable time.

2.3. If the Seller fails to submit the information requested by ViaBill (cf. section 2.3), or the submitted information is incomplete, wrongfully or does not support the lawfulness of the Transaction and the Capture associated hereto, ViaBill will be entitled to not deem the chargeback as an Eligible Chargeback.

2.4. If ViaBill receives a chargeback notice from a credit card issuer or payment processor under one of the reason codes stated in Section 5 below with respect to a Transaction and such chargeback notice was received by ViaBill during the Chargeback Window, such chargeback shall be deemed an “Eligible Chargeback“.

3. Chargeback Disputes

3.1. Seller hereby assigns all of its right, title and interest in the Eligible Chargeback to ViaBill, and shall provide all reasonable assistance required by ViaBill to dispute the chargeback (cf. 2.2) and otherwise mitigate ViaBill exposure to a Chargeback Fee and reimburse ViaBill in any way related hereto. Seller acknowledges that ViaBill may appoint a third party to act on its behalf in pursuit of the Eligible Chargeback and undertakes that it shall provide ViaBill or its designee any and all information and documentation reasonably requested for the dispute, processing or review of the Eligible Chargeback.

3.2. If the chargeback is not deemed as an Eligible Chargeback, ViaBill may reverse the ViaBill Sale.

4. Chargeback Fee

4.1. “Chargeback Fee” shall be a sum equal to the Payment Value for the applicable Eligible Chargeback plus any fees charged by the credit card issuer or payment processor.

4.2. The payment of a Chargeback Fee will initially be set off in any receivable that the Seller might have against ViaBill. If the aforementioned is not possible, ViaBill will invoice the Seller the amount.

5. Reason Codes

5.1. MasterCard:

5.1.1. Code #4837 – Fraud Transaction No Cardholder Authorization

5.1.2. Code #4863 – Cardholder Does Not Recognize Potential Fraud (In case of this reason code, Joint Merchant must provide to Forter all documentation relating to all attempts made by the cardholder to contract Joint Merchant and resolve the issue directly, together with all related correspondence and documentation.)

5.2. Visa:

5.2.1. Code #10.1 (Previously #62) – Counterfeit Transaction (for Card Not Present transactions only)

5.2.2. Code #10.4 (Previously #83) – Fraudulent Transaction: Card Not Present Environment

5.3. American Express:

5.3.1. FR2 – Fraudulent Transaction (*)

5.3.2. F29 – fraud – Card Not Present

5.4. Discover:

5.4.1. Code UA02 – Declined Authorization

5.4.2. Code 7030 – Fraud card not present transaction

5.5. JCB:

5.5.1. Code 546 – unauthorized purchase

5.6. PayPal

5.6.1. Unauthorized Transaction – Account Holder did not Authorize Transaction

5.6.2. Unauthorized use – as a result of fraudulent activity (as stated in the PayPal chargeback notification)

(*) = Merchants who are members of the Amex Chargeback Full Recourse Program must disclose this fact to ViaBill prior to the commencement of the ViaBill Service.