NSF RECOVERY SERVICES.
1 Description of Services. FORTE will provide Merchant with NSF Recovery Services consisting of re-presenting certain ACH items that have been returned unpaid in an attempt to collect funds on Merchant’s behalf, as allowed under NACHA Rules and state regulatory Laws, as applicable, charging Merchant’s customer a fee for nonsufficient funds (“NSF fee”).
2 Disclaimers. Notwithstanding the foregoing, FORTE does not guarantee the collection or payment of any return item presented to FORTE for electronic representation. Further, FORTE makes no representation or warranty as to the collectivity or validity of any return item. FORTE retains the right to refuse to process any transaction submitted by Merchant.
3 Fees. FORTE will retain the NSF fee collected as referenced in this section and rebate a portion of each collected NSF fee received under the Merchant’s account through a credit on the monthly invoice in the following month that the NSF fee was collected. Merchant will incur no fees for these NSF Recovery Services.
4 Notice to Consumer. In accordance with any applicable Rules or Laws, Merchant shall provide appropriate written notice to its customers that the customer may be charged an NSF fee for returned payments.