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—4— <br /> <br />Customer’s behalf. Based on BS&A’s methods, which are subject to change without notice, BS&A may <br />decide to suspend Customer’s access to the Payment Processing Services, or in other ways limit <br />Customer’s privileges to the extent BS&A deems necessary or useful to prevent fraud or losses. Without <br />limiting the foregoing, BS&A may delay, in its sole discretion, or at the direction of Stripe sending <br />instructions on Customer’s behalf if BS&A reasonably believes that Customer’s instructions may involve <br />fraud or misconduct, or violate applicable law, rule, regulation, order, this Addendum, or other <br />applicable BS&A or Stripe policies, as determined by BS&A or Stripe in their sole and absolute discretion. <br />3.5 Cardholder Fee Programs. If Customer elects to impose a fee on cardholders with respect to <br />Transactions (including a surcharge for credit cards, a convenience fee, service fee or other similar type <br />of fee) or implement a discount based on the type of payment method used for a Transaction (including <br />cash, check, or ACH) (collectively, “Cardholder Fee Program”), Customer must first seek approval from <br />BS&A. Customer is solely responsible for its compliance with all applicable Network Rules and all present <br />and future federal and state laws and regulations relating to any such Cardholder Fee Program and any <br />required consumer disclosures related thereto. Although BS&A may, in its discretion, assist Customer <br />with disclosures and practices relating to such Cardholder Fee Programs, BS&A’s provision or approval of <br />any materials or practices shall not be deemed a confirmation that such materials or practices comply <br />with the Network Rules or applicable law and shall not in any way relieve Customer from its <br />responsibility to ensure that all program materials and practices comply with the Network Rules and <br />applicable law. Customer must provide BS&A with at least at thirty (30) days prior written notice before <br />implementing (or announcing publicly that it intends to implement) any Cardholder Fee Program that <br />would be considered a surcharge program under the Network Rules. <br />4. Chargebacks <br />4.1 Chargebacks. If BS&A determines in its sole discretion that Customer is incurring excessive <br />chargebacks, BS&A may establish controls or conditions governing Customer’s use of the Payment <br />Processing Services, including without limitation, by (a) establishing new fees, (b) instructing Stripe to <br />require a reserve, (c) instruct Stripe to delay payouts, and/or (d) terminating this Addendum and access <br />to the Payment Processing Services. Notwithstanding anything to the contrary herein, for any <br />Transaction that results in a chargeback, BS&A may direct the withholding of the chargeback amount <br />and any associated fees. Customer authorizes BS&A to deduct or debit the amount of any chargeback <br />and any associated fees, fines, or penalties assessed by a third party, from Customer’s Account or offset <br />from any amounts otherwise due to Customer. Further, if BS&A reasonably believes that a chargeback is <br />likely with respect to any Transaction, BS&A may instruct Stripe to withhold the amount of the potential <br />chargeback from payments otherwise due to Customer until such time that: (a) a chargeback is <br />assessed, in which case BS&A will retain the funds; (b) the period of time under applicable law or Rule by <br />which the cardholder may dispute the Transaction has expired; or (c) BS&A determines that a <br />chargeback on the Transaction will not occur, in which case BS&A will instruct the release of the <br />withheld funds to Customer. If BS&A is unable to recover funds related to a chargeback for which <br />Customer is liable, BS&A may set off or debit Customer’s Account for the full amount of the applicable <br />chargeback, or, if BS&A is unable to do so, Customer shall pay BS&A the amount of such chargeback and <br />any associated fees, fines or penalties immediately upon demand. Customer will pay all costs and <br />expenses, including without limitation attorneys’ fees, other legal expenses, and handling fees incurred <br />by or on behalf of BS&A in connection with the collection of all chargebacks. This section will survive <br />termination of this Addendum. Additional chargeback terms and requirements are set forth in the Stripe <br />Agreements.