“Fraud Chargeback” means a reversal of a Payment Tender charge pursuant to an Order which is fraudulent.
- FRAUD REVIEW. Radial will maintain reasonable fraud review policies and procedures designed to detect and limit Fraudulent Chargebacks in connection with Orders. Subject to the Company satisfying the Company Fraud Review Requirements (as defined below), Radial will provide to Company the results of the fraud review for each submitted Order, such as a fraud risk score or a recommendation to cancel or accept an order, as applicable (“Fraud Results”).
- COMPANY OBLIGATIONS. Company acknowledges that Radial’s ability to provide accurate Fraud Results is dependent on the Order data provided by Company for Radial’s review. Therefore, Company will comply with the following requirements (collectively, “Company Fraud Review Requirements”), at Company’s expense:
3.1 Fraud Data Points. The Company will provide Radial with all requested customer and order-based information to enable Radial to perform fraud review services for the Company Online Stores (“Required Fraud Data Points”). Required Fraud Data Points will include, but not be limited to, legacy data to support fraud set up and the following data: (x) Order Information; (y) prior Order Information and any fraud chargeback cases; and (z) any negative/blocked or white/approved customer information. The Company will (i) provide Order Information on a real time or near real time, as reasonably requested by Radial, and (ii) update all other Required Fraud Data Points as reasonably requested by Radial.
3.2 Integration. The Company will adhere to Radial’s then current API specifications for its fraud review services, including Radial’s risk assessment and order confirmation APIs, and install and update the device collector deployed on the Company Online Store to support fraud prevention as reasonable requested by Radial.
3.3 Change in Risk. The Company will provide reasonable advance written notice to Radial of any planned start or increase in its sale of gift or prepaid cards, electronics, jewelry, or similar high risk goods and services or change in its e-commerce model (e.g. negative-options sales tactics, utilization of buy online, pickup in store technology to fulfill Orders).
- SERVICE FEES. Radial will invoice the Company for the following Service Fees:
4.1 A Fraud Management Fee set forth in the Order Form for all Orders submitted for fraud review; plus;
4.2 All amounts, if any, due to Radial pursuant to any SOW or other writing under this Agreement; plus
4.3 All amounts, if any, due to Radial for any other technology and professional services, billed at the hourly rates set forth in the Order Form.
- PCI COMPLIANCE. The Company, the Company E-Commerce Providers, and Radial shall each comply with applicable rules and regulations of the payment card clearing networks and applicable requirements of the Payment Card Industry Data Security Standard ("PCI"), as updated or amended, or its successor. Each Party shall provide the other Party with a copy of its certificate evidencing compliance with the PCI requirements as reasonably requested by the other Party from time to time. The Company will cause the Company E-Commerce Providers to comply with each of the above obligations as it relates to the security and operation of the Company Online Store. Each Party’s obligations in this Section are in addition to each Party’s data security obligations set forth in the Standard Terms.
- TRANSACTION FEEDBACK. If Radial does not have sufficient access to Company’s payment provider chargeback system, Company will provide Radial with a regular data feed (not less than weekly) of all chargebacks for all Orders processed by Radial hereunder, including the chargeback code and final resolution.
- NO ORDER FILTERING. Company will submit to Radial all Orders received through the Company Online Stores and will not filter the Orders sent to Radial for fraud review services. Company may not submit to Radial for fraud review only those orders that present a heightened risk of fraud.
- USE OF FRAUD RESULTS. Company shall use such Fraud Results solely in connection with such Order and shall not store Fraud Results for use in connection with any future Orders.
- FRAUD DATA. The Parties acknowledge and agree that in connection with Radial’s payment processing services, Radial has a duty under applicable Law, the payment card association rules and Radial’s agreements with the payment processing banks to take reasonable steps to prevent fraudulent activity and money laundering. To meet these obligations, Radial has developed a sophisticated fraud prevention database, which includes, among other things, customer and order data from all fraud review and payment transactions processed by Radial. As a result, data submitted to Radial (including Customer Information, Fraud Data Points and payment card data) will be combined and incorporated into Radial’s fraud prevention database, and once so combined such data shall become the property of Radial and be deemed Radial Data.
- STANDARD TERMS. The Radial Standard Terms, which are available at www.Radial.com/Legal (and can also be provided to upon request), are incorporated into and shall govern these Service Terms and the Order Form. Company agrees to adhere to all terms and conditions contained therein.