{Attorney Name Remove} Law Office, PLC

{heading section removed}

April 24, 2009

Via facsimile 954-509-2900

Nivea Kapoor

First Data Global Gateway

6101 Condor Drive

Moorpark, CA 93021

{Reference removed}

Dear Ms. Kapoor:

Please be advised that our law firm represents, Mr. {client name removed}, on behalf of {company name removed}, LLC pursuant to an agreement consented to and accepted by First Data Global Gateway (hereinafter "Company"). Our client has informed us that your Company is holding a substantial amount of funds processed via credit card through your Company. It is our understanding that the hold originated from a customer charge-back letter sent to {company name removed}, LLC. Since then, your Company has held all the funds for all sales transactions he has processed through your Company’s software.

First and foremost, the End User Agreement (hereinafter the "Agreement) consented to by Mr. {client name removed} on behalf of {company name removed} does not authorize your Company to hold funds. The Agreement, however in Section 7. Audit Rights does authorize your Company to audit the usage, records and security Software, an audit of his Customer’s payment processing information and the services provided hereunder to ensure that he is using the service in full compliance, and that all applicable fees have been paid, that he is adhering to his privacy policy and that he is in full compliance with all applicable laws and regulations. This section further states that the audit will be conducted at his office and shall not interfere reasonably with his business. No where in this Agreement does it legally authorize your Company to withhold the funds approved by your system of our client’s sales excluding the fees your company is entitled to. Unless there is some evidence of some violation of federal or local law or any violation of any of the terms of the Agreement by DSC Bikeshop, we are demanding that you forward all funds processed and held by your company directly to our client’s bank account immediately.

Secondly, our client advised that he has provided bank statements, tracking numbers and order invoices as per your request to satisfy your inquiries as to his transactions. This information was provided to you in a timely fashion. Accordingly, he expects that you will reasonably and efficiently review the documents provided and either contact him and advise him of any improprieties, if any, or release the funds your Company is holding. Also, please keep in mind, that the documents he provided as requested are not voluminous. Therefore, this audit or review of our client’s records should not be unreasonably delayed.

This continuous holding back his funds is causing a substantial amount of damage to his company. His company is pre-paying for all parts and supplies his customers are ordering and his company is not receiving payment that has been processed and due to his company by your Company. It appears your Company is dealing in bad-faith by unfairly and unreasonably holding funds legally processed through your company.

In an effort to resolve this matter amicably, I would ask that you or your legal counsel contact my office to discuss this matter. If we do not hear from you within 48 hours, we will assume no resolution is forthcoming and legal action will be forthcoming.

Finally, I left you several messages and asked that you call my office and have not heard from you. It is in the best interest of all parties that a discussion regarding these matters take place as soon as possible. I will await your response.

Sincerely,

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