Effective as of August 8, 2022

 

This Chargeback Policy sets forth the standards and procedures for Forter’s review, approval and reimbursement of Eligible Chargebacks (defined below) to Merchants. Merchants will be Reimbursed (defined below) for Eligible Chargebacks in accordance with the terms and conditions of this Chargeback Policy. In the event of a conflict between the MSA and this Chargeback Policy, this Chargeback Policy shall prevail.

1. Definitions

Capitalized terms not defined in the MSA or the SLA shall have the meaning set out below:

1.1 “Chargeback Window” means, with respect to a given Transaction, the period commencing on the date on which Forter reviewed such Transaction and expiring at the time determined by the relevant credit card network.

1.2 “Eligible Chargeback” means a chargeback with respect to a Transaction Forter determines meets the Chargeback Eligibility Criteria set forth in Section 2 below, and for which Merchant receives a chargeback notice during the Chargeback Window from a credit card issuer or payment processor under one of the reason codes stated in Section 5 below, which for the avoidance of doubt shall only include those fraud chargebacks.

1.3 “Error” has the meaning provided in the SLA.

1.4 “Merchant Site” means a Merchant website and mobile application for which the Forter Services are provided, as set forth in the applicable MSA.

1.5 “Merchandise Value” means the Transaction amount that is the subject of a chargeback dispute that is processed by Forter, which is no event shall be greater than the amount of such Transaction sent to Forter through the relevant Decisioning API. Merchandise Value shall (i) exclude any processing, chargeback or other fees that may be charged by the Merchant’s credit card issuer or payment processor and (ii) be reimbursed to Merchant in the relevant currency in which Merchant is billed in.

1.6 “MSA” means the Merchant Services Agreement entered into between Forter and Merchant.

1.7 “Required Information” means any post-transaction and chargeback documentation reasonably requested by Forter relating to an Eligible Chargeback, including the Chargeback Documentation.

1.8 “Reimburse” or “Reimbursement” means the payment of the Reimbursement Amount by Forter to Merchant in accordance with Section 4 of this Chargeback Policy.

1.9 “Reimbursement Amount” means, with respect to an Eligible Chargeback, a sum equal to the Merchandise Value for such Eligible Chargeback. In no event shall the Reimbursement Amount exceed the amount stated in the Chargeback Documentation submitted to Forter or the amount of the Transaction sent to Forter through the relevant Decisioning API.

1.10 “SLA” means the Service Level Agreement available as https://www.forter.com/forter-service-level-agreement/ (as may be updated by Forter from time to time).

1.11 “Transaction” means a real time, live transaction made by an End Customer on a Merchant Site (or, in the case of a phone order, a transaction made by an End Customer on a Merchant Site for which Forter receives the Forter token cookie from Merchant as part of a telephone order submitted to Forter for review). For the avoidance of doubt, transactions manually submitted by Merchant and transactions originating from a source other than the Merchant’s Site where Forter is unable to collect the necessary Transaction Data through the Forter Technology (for example,transactions originating from marketplaces such eBay and Amazon where we have not integrated the Forter Technology) shall not be considered a “Transaction”.

1.12 “Transaction Data” means the information requested as part of the relevant Forter Decisioning API (which information shall be mutually agreed between Merchant and Forter as part of the integration of the Forter services on the Merchant Site(s)) and the information collected through Forter’s JavaScript and/or SDK.

2. Chargeback Eligibility

2.1 For a Transaction approved by the Forter Platform to be eligible for Reimbursement under this Chargeback Policy the following criteria must be met (collectively, the “Chargeback Eligibility Criteria”): (i) Merchant submitted the Required Information to Forter through the method mutually agreed to by the parties within three (3) days of the chargeback being issued, (ii) the Transaction Data submitted to Forter at the time of Forter’s decisioning of the relevant Transaction is accurate and complete and no changes are made to such data after Forter provides its recommendation for that Transaction; (iii) the Transaction was reviewed and approved by Forter during the term of the MSA; and (iv) the chargeback notice from the credit card issuer or payment processor identifies one of the reason codes stated in Section 5. For the avoidance of doubt, any Transaction submitted by Merchant which does not comply with the Chargeback Eligibility Criteria or the other terms of this Chargeback Policy shall not be eligible for Reimbursement.

2.2 Transactions reviewed by Forter when the relevant Decisioning API is unavailable due to an Error will be approved by Forter and eligible for Reimbursement, provided that (i) such Transaction meets the Chargeback Eligibility Criteria; (ii) Merchant has complied with the SLA; and (iii) Merchant integrated with Forter’s APIs, JavaScript and/or mobile SDK, as applicable, in accordance with Forter’s integration guidelines.

2.3 Notwithstanding anything to the contrary herein, the following will not be considered Eligible Chargebacks, and thus will not be eligible for Reimbursement:

2.3.1 Chargebacks associated with Transactions not approved by Forter but which Merchant elects to force-approve.

2.3.2 Chargebacks related to orders Merchant has not shipped to the relevant End Customer.

2.3.3 Chargebacks with respect to Transactions approved for a Merchant (i) undergoing a Force Majeure Event, or (ii) that is judged bankrupt or insolvent, makes a general assignment for the benefit of its creditors, a trustee or receiver is appointed for Merchant, or any petition by or on behalf of such party is filed under any bankruptcy or similar laws. “Force Majeure Event” means events beyond the reasonable control of a party, including labor strikes, pandemics and extreme weather events affecting Merchant.

2.4 Notwithstanding anything to the contrary herein, where Merchant is using 3DS, Forter will not Reimburse Eligible Chargebacks for Transactions where 3DS is successfully executed.

3. Chargeback Coverage and Disputes

3.1 Upon submission of an Eligible Chargeback to Forter, but in any event upon Forter’s request, Merchant shall provide Forter or its designee with any information reasonably requested by Forter related to such chargeback, in accordance with the procedures provided by Forter, including but not limited to, the following chargeback documentation (collectively, the “Chargeback Documentation”):

3.1.1 The chargeback notification issued by the credit card issuer or payment processor that includes the case number, reason code, due date, issue date, and any accompanying documentation

3.1.2 The invoice of the Transaction

3.1.3 for Transactions over $100, proof of delivery

3.1.4 for Transactions over $1,000, proof of delivery and, to the extent available, receipt of signature

3.1.5 Any additional related information reasonably requested by Forter relating to such chargeback

3.2 Merchant hereby assigns all of its right, title and interest in and to all Eligible Chargebacks to Forter (including the right to dispute such Eligible Chargebacks with the applicable credit card issuer or payment processor), and shall provide all assistance reasonably requested by Forter with respect to any such dispute, or as may be required to minimize Reimbursement Amount.

3.3 Merchant acknowledges that Forter may appoint an affiliate or a third party to act on its behalf in connection with the dispute of any Eligible Chargeback. Additionally, Merchant acknowledges and agrees that Forter may share data and information relating to an Eligible Chargeback with certain third parties (including issuers, acquirers, payment processors, and card schemes), as may be reasonably necessary or desirable in connection with disputing an Eligible Chargeback.

3.4 With respect to any successfully disputed Eligible Chargeback, if any sum is deposited in or credited to an account held by Merchant (or any agent or affiliate of Merchant), Merchant shall notify Forter thereof, and such amount will be added to Merchant’s next invoice.

4. Reimbursement of Eligible Chargebacks

4.1 At the end of each calendar month, Forter shall calculate the aggregate Reimbursement Amount for all Eligible Chargebacks that meet the Chargeback Eligibility Criteria and otherwise comply with the terms of this Chargeback Policy (the “Aggregate Reimbursement Amount”). 

4.2 Forter will Reimburse Merchant for Eligible Chargebacks each calendar month in the amount of the Aggregate Reimbursement Amount calculated by Forter for such month, by way of a setoff against fees owed by Merchant under the MSA in the following calendar month.

4.3 In the event that the Aggregate Reimbursement Amount owed to Merchant in a given month is greater than the fees owed by Merchant in such month, or if there are no fees owed by Merchant in such month, Merchant has the option to either (i) roll forward the credit to the next month’s invoice, or (ii) Forter shall directly pay Merchant the remaining Aggregate Reimbursement Amount the following calendar month, by wire transfer, ACH, or such other method agreed by the parties.

4.4 Merchant acknowledges and agrees that Reimbursement of Eligible Chargebacks is subject to (i) Merchant’s compliance with the terms of this Chargeback Policy, including the provision of all Chargeback Documentation to Forter; (ii) payment in full of all fees then due and payable by Merchant under the MSA; and (iii) the assignment by Merchant of all of its right, title and interest in and to such Eligible Chargeback to Forter.

5. Chargeback Reason Codes

MasterCard:

Code #4837 and #37 – Fraud Transaction No Cardholder Authorization

Code #4863 and #63 – Cardholder Does Not Recognize Potential Fraud (in case of this reason code, Merchant must provide to Forter all documentation relating to all attempts made by the cardholder to contract Merchant and resolve the issue directly, together with all related correspondence and documentation.)

 

Visa:

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

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

 

American Express:

Code 4763/ FR2 – Fraudulent Transaction (*)

Code 4540/ F29 – Fraud – Card Not Present

Code 4534/ F24 – Fraud – No Card Member Authorization

 

Discover:

Code UA02 – Declined Authorization

Code 7030 – Fraud card not present transaction

DINERS – C42: Fraud card not present transaction

 

JCB:

Code 546 – Unauthorized purchase

 

PayPal:

Unauthorized Transaction – the customer did not authorize purchase of the merchandise or service

ELO:

Code 83 – Card Absent FRAUD

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

 

The above reason code(s) may be updated from time to time, if the reason codes set forth in Forter’s general policy available at https://www.forter.com/forter-chargeback-policy/ are updated. Any such updates are deemed to be automatically incorporated herein and shall apply to the Agreement without the need for a written amendment.