Encourage customers to build up a savings account towards the minimum balancerequirement over a year and then refund the swipe fees paid during the year when the balancerequirement is met (preferably into the savings account).
Not only must there usually be an agreement between two or more parties, but there is also an additional requirement that a sufficiency of evidence exists to establish, on balance, that the act or omission complained of was deliberate and not merely negligent or inadvertent.