Common use of Commands Clause in Contracts

Commands. 3.1 The Customer is required to quote anyone or more of the login credentials and any other identifiers as shall be prescribed by the Bank from time to time in order to log-on to the Service and give Commands to the Bank Online. Commands in connection with the Service shall not be considered to be received by the Bank unless they are given in such manner as the Bank may prescribe from time to time and until the Bank has actually received them. The Bank will only accept a Command if it has been effected through the Service using an appropriate login credentials and any other identifiers in accordance with these Terms and Conditions. 3.2 The Customer requests and authorizes the Bank to treat all apparently valid Commands received by the Bank as commands properly authorized by the Customer, even if they conflict with the terms of any other mandates given by the Customer at any time concerning the Customer's Accounts or affairs. Subject to the Bank's obligations in Clause 3.1 above, the Bank shall be under no other obligation to check the authenticity of Commands or the authority of the person(s) giving them. 3.3 The Customer is responsible for the accuracy and completeness of Commands and for ensuring that they will achieve the Customer's intended purpose. The Bank is not liable for any loss or delay where the contents of a Command are inaccurate or incomplete nor the Bank shall be responsible or liable for acting in good faith upon a Command and the Customer shall indemnify the Bank for any loss, damage or expense the Bank may incur as a result thereof. 3.4 Any Command given in connection with the Service by quoting the login credentials and such other identifiers of the Customer as prescribed by the Bank, once given, may not be rescinded or withdrawn without the consent of the Bank. All such Commands given, as understood and acted on by the Bank in good faith, shall be irrevocable and binding on the Customer whether given by the Customer or by any other person purporting to be the Customer. 3.5 In the event that the Customer requests the Bank to cancel or modify any Command, the Bank will make all reasonable efforts to comply with the Customer's request. However, the Bank is not liable for any failure to cancel or modify the Command if such a request is received at a time or under circumstances that renders the Bank unable to comply with the Customer's request. 3.6 The Bank is entitled to debit the Customer's Accounts, wherever they are situated and whenever they are opened, with any amounts that the Bank has paid or incurred in accordance with a Command. 3.7 The Bank may, in its absolute discretion and without liability, refuse to act on or delay acting on a Command if: a. It is a request or Command the effect of which would be to exceed a limit imposed by the Bank upon the Customer generally or upon the Corporate User in question. b. the Bank knows of or suspects a breach of security in respect of or in connection with the operation of one or more of the Customer's Accounts or the Service generally or c. The Bank has terminated the Service pursuant to Clause 11 below. 3.8 In the event that the Bank does not act on or delays acting on a Command pursuant to Clause 3.7 above, the Bank shall notify the Customer of such inaction or delay as soon as is reasonably possible. 3.9 The Customer acknowledges that a transaction being carried out is not always simultaneous with a Command being given. Some Commands may take time to process and certain Commands may only be processed during normal banking hours even though the Service is Online and may be accessible outside such hours. Accordingly, the Bank shall be not be liable for loss, damage or cost as a result thereof. 3.10 Any exchange rate, profit and/or, dealing rate and other prices and information quoted by the Bank on the Internet Site or otherwise in response to an online inquiry is for reference only and is not binding. Any rate, price and information offered by the Bank for the purpose of the relevant transaction shall be binding on the Customer upon his confirmation of his acceptance irrespective of any different rate, price or information quoted by the Bank for other purposes or transactions. 3.11 Any advice or confirmation that a Command has been received and/or a transaction has been effected through the Service will be provided by the Bank Online. Such advice or confirmation shall be deemed to have been received by the Customer immediately after transmission and it is the Customer's responsibility to check such advice or confirmation, where the Customer does not receive an advice or confirmation within the time usually required for a similar advice or confirmation to be received, it is the Customer's responsibility to make enquiries with the Bank. No separate advice or confirmation of the transaction will be supplied to the Customer by the Bank.

Appears in 2 contracts

Samples: Banking Services Agreement, Banking Services Agreement

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Commands. 3.1 2.1 The Customer is required to quote anyone or more of the login credentials and any other identifiers identifiers as shall be prescribed by the Bank from time to time in order to log-on to the Service and give Commands to the Bank Online. Commands in connection with the Service shall not be considered to be received by the Bank unless they are given in such manner as the Bank may prescribe from time to time and until the Bank has actually received them. The Bank will only accept a Command if it has been effected effected through the Service using an appropriate login credentials and any other identifiers identifiers in accordance with these Terms and Conditions. 3.2 2.2 The Customer requests and authorizes the Bank to treat all apparently valid Commands received by the Bank as commands properly authorized by the Customer, even if they conflict conflict with the terms of any other mandates given by the Customer at any time concerning the Customer's ’s Accounts or affairsaffairs. Subject to the Bank's ’s obligations in Clause 3.1 2.1 above, the Bank shall be under no other obligation to check the authenticity of Commands or the authority of the person(s) giving them. 3.3 2.3 The Customer is responsible for the accuracy and completeness of Commands and for ensuring that they will achieve the Customer's ’s intended purpose. The Bank is not liable for any loss or delay where the contents of a Command are inaccurate or incomplete nor the Bank shall be responsible or liable for acting in good faith upon a Command and the Customer shall indemnify the Bank for any loss, damage damage, or expense the Bank may incur as a result thereof. 3.4 2.4 Any Command given in connection with the Service by quoting the login credentials and such other identifiers identifiers of the Customer as prescribed by the Bank, once given, may not be rescinded rescinded, or withdrawn without the consent of the Bank. All such Commands given, as understood understood, and acted on by the Bank in good faith, shall be irrevocable and binding on the Customer whether given by the Customer or by any other person purporting to be the Customer. 3.5 2.5 In the event that the Customer requests the Bank to cancel or modify any Command, the Bank will make all reasonable efforts efforts to comply with the Customer's ’s request. However, the Bank is not liable for any failure to cancel or modify the Command if such a request is received at a time or under circumstances that renders the Bank unable to comply with the Customer's ’s request. 3.6 2.6 The Bank is entitled to debit the Customer's ’s Accounts, wherever they are situated and whenever they are opened, with any amounts that the Bank has paid or incurred in accordance with a Command. 3.7 2.7 The Bank may, in its absolute discretion and without liability, refuse to act on or delay acting on a Command if: a. 2.8 It is a request or Command command the effect effect of which would be to exceed a limit imposed by the Bank upon the Customer generally or upon the Corporate User in question. b. the 2.9 The Bank knows of or suspects a breach of security in respect of or in connection with the operation of one or more of the Customer's ’s Accounts or the Service generally oror reasonably possible. ةــمدخلا مادختــسا تاــيلمع عــيمج نــع ،اــيلعف راــطخلإا كــلذ رــيغ ضارــغلأ وأ مــهل حومــسملا رــيغ صاخــشلأا بــناج نــم يأ نــع ًلاوئــسم كــنبلا نوــكي لا ،كــلذ عــمو .اــهب حومــسم هماتـسا مـت اذإ راـطخلإا كـلذ ىـلع ءاـنب فرـصتلا يـف لـشف اــهنيح كــنبلا ىــلع رذــعتي فورــظ لــظ يــف وأ تــقو يــف .هــبجومب فرــصتلا تاــنايب نــم رــثكأ وأ دــنب لاــخدإ لــماعتملا ىــلع نــيعتي 2.1 نـم كـنبلا اـهبلطي ىرـخأ فـيرعت زوـمر يأو لوـخدلا ليجـست رادــصإو ةــمدخلا ىــلإ لوــخدلا هــنكمي ىــتح رــخآ ىــلإ تــقو ملــست دــق كــنبلا دــعي لاو .تــنرتنلإا رــبع كــنبلا ىــلإ رــماولأا يـتلا ةـقيرطلاب اـهميدقت مـت اذإ لاإ ةـمدخلاب ةـقلعتملا رـماولأا كــنبلا اــهاقلتي ىــتحو رــخآ ىــلإ تــقو نــم كــنبلا اــهددحي لاــخ نــم اًرداــص ناك اذإ لاإ رــمأ يأ كــنبلا لــبقي نــلو .اــيلعف دــعبو ةــحيحص لوــخد ليجــست تاــنايب مادختــساب ةــمدخلا .ماكــحلأاو طورــشلا هذــهل اــقفو ىرــخأ فــيرعت زوــمر يأ مــيدقت عــم لــماعتلا يــف هــضوفيو كــنبلا نــم لــماعتملا بــلطي 2.2 كــنبلا اــهاقلتي يــتلاو اــهتحص حــضتت يــتلا رــماولأا ةــفاك ىـتح ،بـسانم وـحن ىـلع اـهب حرّـص دـق لـماعتملا نأ راـبتعاب ةــمدقم ىرــخأ تاــضيوفت يأ طورــش عــم ضراــعتت تــناك اذإ نوؤـش وأ تاباـسحب قلعتي اميف تـقو يأ يـف لـماعتملا نـم c. 2.1 دــنبلا يــف ةدراوــلا كــنبلا تاــمازتلا بــجومبو .لــماعتملا ةــحص نــم قــقحتلاب رــخآ مازــتلا يأ كــنبلا لــمحتي لا ،هاــعأ صاخــشلأا( رــماولأا ردــصأ يذــلا صخــشلا تاــيحاص وأ رــماولأا .)رــماولأا اوردــصأ نــيذلا رــماولأا لاــمتكاو ةــقد نــع ةيلوئــسملا لــماعتملا لــمحتي 2.3 لاو .لــماعتملل دوــصقملا ضرــغلا ققحتــس اــهنأ ناــمض نــعو اــمدنع رــيخأت وأ ةراــسخ يأ نــع ةيلوئــسملا كــنبلا لــمحتي لــمحتي لا اــمك ،ةــلمتكم رــيغ وأ ةــقيقد رــيغ رــماولأا نوــكت يأ ىــلع ءاــنب ةــين نــسحب فرــصتلا نــع ةيلوئــسملا كــنبلا ةراــسخ يأ نــع كــنبلا ضــيوعت لــماعتملا ىــلع بــجيو ،رــمأ .كــلذل ةــجيتن كــنبلا اــهدبكتي دــق فــيراصم وأ ررــض وأ قــلعتي اــميف هرادــصإ مــتي رــمأ يأ نــع عــجارتلا زوــجي لا 2.4 زوــمرو لوــخدلا ليجــست تاــنايب لاــخدإ لاــخ نــم ةــمدخلاب ،كــنبلا هددــحي اــم قــفو لــماعتملاب ةــصاخلا ىرــخلأا فــيرعتلا ةـفاك رـبتعتو .كـنبلا ةـقفاوم نود هبحـس وأ ،هرادـصإ درـجمب ةـين نـسحب فرـصتيو كـنبلا هـمهفي اـم قـفو ،ةرداـصلا رـماولأا ءاوــس لــماعتملل ةــمزلمو عــجارتلل ةــلباق رــيغ ،هــيلع ءاــنب صخــش يأ بــناج نــم وأ لــماعتملا بــناج نــم اــهرادصإ مــت .لــماعتملا هــنأ ضرــتفُي رــخأ ،رمأ يأ لـيدعت وأ ءاـغلإ كـنبلا نـم لـماعتملا بـلط لاـح يـف 2.5 بــلطل لاــثتمال ةــلوقعملا دوــهجلا ةــفاك كــنبلا لذبيــسف نــع ةيلوئــسملا كــنبلا لــمحتي اــف ،كــلذ عــمو ،لــماعتملا كـلذ ماتـسا مـت اذإ رـملأا لـيدعت وأ ءاـغلإ ىـلع ةردـقلا مدـع كــنبلا ىــلع رذــعتي فورــظ لــظ يــف وأ تــقو يــف بــلطلا .لــماعتملا بــلطل لاــثتملاا اــهنيح تدجو اـمنيأ ،لـماعتملا تاباـسح نـم مـصخي نأ كـنبلل قـحي 2.6 اــهدبكت وأ كــنبلا اــهعفد غــلابم ةــيأ ،اــهحتف مــت ىــتمو .رــمأ يأ بــجومب ضــفر ،مازــتلا نودو قــلطملا هرــيدقت قــفو ،كــنبلل زوــجي 2.7 نــم يأ يــف رــمأ يأ ىــلع ءاــنب فرــصتلا رــيخأت وأ فرــصتلا :ةــيلاتلا تلااــحلا دــحلا زواــجت ىــلإ يدؤــي رــمأ وأ بــلط نــع ةراــبع ناك اذإ 2.8 وأ ماــع هــجوب لــماعتملا ىــلع كــنبلا بــناج نــم نــّيعملا .يــنعملا ةــمدخلا مدختــسم ىــلع قــلعتي قارــتخا دوــجو يــف كــشي وأ مــلعي كــنبلا ناك اذإ 2.9 ةــمدخلا وأ لــماعتملا تاباــسح نــم رــثكأ وأ دــحاو ليغــشتب .ماــع هــجوب 2.10 The Bank has terminated the Service pursuant to Clause 11 10 below. 3.8 2.11 In the event that the Bank does not act on or delays acting on a Command pursuant to Clause 3.7 2.7 above, the Bank shall notify the Customer of such inaction or delay as soon as is reasonably possible. 3.9 2.12 The Customer acknowledges that a transaction being carried out is not always simultaneous with a Command being given. Some Commands may take time to process process, and certain Commands may only be processed during normal banking hours even though the Service is Online and may be accessible outside such hours. Accordingly, the Bank shall be not be liable for loss, damage damage, or cost as a result thereof. 3.10 2.13 Any exchange rate, profit profit and/or, dealing rate and other prices and information quoted by the Bank on the Internet Site or otherwise in response to an online inquiry is for reference only and is not binding. Any rate, price price, and information offered offered by the Bank for the purpose of the relevant transaction shall be binding on the Customer upon his confirmation confirmation of his acceptance irrespective of any different different rate, price or information quoted by the Bank for other purposes or transactions. 3.11 2.14 Any advice or confirmation confirmation that a Command has been received and/or a transaction has been effected effected through the Service will be provided by the Bank Online. Such advice or confirmation confirmation shall be deemed to have been received by the Customer immediately after transmission and it is the Customer's ’s responsibility to check such advice or confirmationconfirmation, where the Customer does not receive an advice or confirmation confirmation within the time usually required for a similar advice or confirmation confirmation to be received, it is the Customer's ’s responsibility to make enquiries with the Bank. No separate advice or confirmation confirmation of the transaction will be supplied to the Customer by the Bank.

Appears in 1 contract

Samples: Banking Services Agreement

Commands. 3.1 2.1 The Customer is required to quote anyone or more of the login credentials and any other identifiers identifiers as shall be prescribed by the Bank from time to time in order to log-on to the Service and give Commands to the Bank Online. Commands in connection with the Service shall not be considered to be received by the Bank unless they are given in such manner as the Bank may prescribe from time to time and until the Bank has actually received them. The Bank will only accept a Command if it has been effected effected through the Service using an appropriate login credentials and any other identifiers identifiers in accordance with these Terms and Conditions. 3.2 2.2 The Customer requests and authorizes the Bank to treat all apparently valid Commands received by the Bank as commands properly authorized by the Customer, even if they conflict conflict with the terms of any other mandates given by the Customer at any time concerning the Customer's ’s Accounts or affairsaffairs. Subject to the Bank's ’s obligations in Clause 3.1 2.1 above, the Bank shall be under no other obligation to check the authenticity of Commands or the authority of the person(s) giving them. 3.3 2.3 The Customer is responsible for the accuracy and completeness of Commands and for ensuring that they will achieve the Customer's ’s intended purpose. The Bank is not liable for any loss or delay where the contents of a Command are inaccurate or incomplete nor the Bank shall be responsible or liable for acting in good faith upon a Command and the Customer shall indemnify the Bank for any loss, damage damage, or expense the Bank may incur as a result thereof. 3.4 2.4 Any Command given in connection with the Service by quoting the login credentials and such other identifiers identifiers of the Customer as prescribed by the Bank, once given, may not be rescinded rescinded, or withdrawn without the consent of the Bank. All such Commands given, as understood understood, and acted on by the Bank in good faith, shall be irrevocable and binding on the Customer whether given by the Customer or by any other person purporting to be the Customer. 3.5 2.5 In the event that the Customer requests the Bank to cancel or modify any Command, the Bank will make all reasonable efforts efforts to comply with the Customer's ’s request. However, the Bank is not liable for any failure to cancel or modify the Command if such a request is received at a time or under circumstances that renders the Bank unable to comply with the Customer's ’s request. 3.6 The Bank is entitled to debit the Customer's Accounts, wherever they are situated and whenever they are opened, with any amounts that the Bank has paid or incurred in accordance with a Command. 3.7 The Bank may, in its absolute discretion and without liability, refuse to act on or delay acting on a Command if: a. It is a request or Command the effect of which would be to exceed a limit imposed by the Bank upon the Customer generally or upon the Corporate User in question. b. the Bank knows of or suspects a breach of security in respect of or in connection with the operation of one or more of the Customer's Accounts or the Service generally or c. The Bank has terminated the Service pursuant to Clause 11 below. 3.8 In the event that the Bank does not act on or delays acting on a Command pursuant to Clause 3.7 above, the Bank shall notify the Customer of such inaction or delay as soon as is reasonably possible. 3.9 The Customer acknowledges that a transaction being carried out is not always simultaneous with a Command being given. Some Commands may take time to process and certain Commands may only be processed during normal banking hours even though the Service is Online and may be accessible outside such hours. Accordingly, the Bank shall be not be liable for loss, damage or cost as a result thereof. 3.10 Any exchange rate, profit and/or, dealing rate and other prices and information quoted by the Bank on the Internet Site or otherwise in response to an online inquiry is for reference only and is not binding. Any rate, price and information offered by the Bank for the purpose of the relevant transaction shall be binding on the Customer upon his confirmation of his acceptance irrespective of any different rate, price or information quoted by the Bank for other purposes or transactions. 3.11 Any advice or confirmation that a Command has been received and/or a transaction has been effected through the Service will be provided by the Bank Online. Such advice or confirmation shall be deemed to have been received by the Customer immediately after transmission and it is the Customer's responsibility to check such advice or confirmation, where the Customer does not receive an advice or confirmation within the time usually required for a similar advice or confirmation to be received, it is the Customer's responsibility to make enquiries with the Bank. No separate advice or confirmation of the transaction will be supplied to the Customer by the Bank.حاــصفإ يأ نــع ةــلماكلا ةيلوئــسملا لــماعتملا لــمحتي 1.4 ليجــست تاــنايب نــع هــب حومــسم رــيغ وأ دوــصقم رــيغ مادختــسا رــطاخم لــمحتيو رــخآ صخــش يلأ لوــخدلا نــيلوخم رــيغ صاخــشأ بــناج نــم لوــخدلا ليجــست تاــنايب نأ ىـلع لـماعتملا قـفاوي اـمك ،اـهب حومـسم رـيغ ضارـغلأ وأ نأو ،كــلذ لــثم حاــصفإ يأ نــع ةيلوئــسملا لــمحتي لا كــنبلا دــق ةــفلكت وأ ررــض وأ ةراــسخ ةــيأ نــع كــنبلا ضــيوعت هــيلع .كــلذل ةــجيتن كــنبلا اــهدبكتي لوــخدلا ليجــست تاــنايب يــف هابتــشلاا وأ راــطخلإا دــنع 1.5 نأ وأ اهفــشك مــت دــق لوــخدلا ليجــست تاــنايب نأ وأ/و فاــخب تــحبصأ وأ تدــقف دــق لوــخدلا ليجــست تاــنايب وأ اهمادختـساب هـل حومـسم رـيغ رـخآ صخـش ةزاـيح يـف كـلذ ،ةمدخلل هب حومـسم ريغ مادختـسا كاـنه نأ وأ هـمكحت تـحت نـكمم تـقو ụرـقأ يـف كـنبلا راـطخإ لـماعتملا ىـلع بـجي ةــمدقم تاــنايب يأ دــيكأت لــماعتملا نــم كــنبلا بــلطي دــقو( كـلذ كـنبلا ىـقلتي ىـتح ،ًلاوئـسم لـماعتملا لـظيو )اـيباتك نــم ةــمدخلا مادختــسا تاــيلمع عــيمج نــع ،اــيلعف راــطخلإا حومـسم رـيغ ضارـغلأ وأ مـهل حومـسملا رـيغ صاخـشلأا بـناج يــف لــشف يأ نــع ًلاوئــسم كــنبلا نوــكي لا ،كــلذ عــمو .اــهب وأ تـقو يـف هماتـسا مـت اذإ راـطخلإا كـلذ ىـلع ءاـنب فرـصتلا .هـبجومب فرـصتلا اـهنيح كـنبلا ىـلع رذـعتي فورـظ لـظ يـف تاــنايب نــم رــثكأ وأ دــنب لاــخدإ لــماعتملا ىــلع نــيعتي 2.1 كــنبلا اــهبلطي ىرــخأ فــيرعت زوــمر يأو لوــخدلا ليجــست ةــمدخلا ىــلإ لوــخدلا هــنكمي ىــتح رــخآ ىــلإ تــقو نــم كــنبلا دــعي لاو .تــنرتنلإا رــبع كــنبلا ىــلإ رــماولأا رادــصإو مــت اذإ لاإ ةــمدخلاب ةــقلعتملا رــماولأا ملــست دــق ىــلإ تــقو نــم كــنبلا اــهددحي يــتلا ةــقيرطلاب اــهميدقت لاإ رـمأ يأ كـنبلا لـبقي نـلو .اـيلعف كـنبلا اـهاقلتي ىـتحو رـخآ ليجــست تاــنايب مادختــساب ةــمدخلا لاــخ نــم اًرداــص ناك اذإ هذـهل اـقفو ىرـخأ فـيرعت زوـمر يأ مـيدقت دـعبو ةـحيحص لوـخد .ماكــحلأاو طورــشلا لــماعتلا يــف هــضوفيو كــنبلا نــم لــماعتملا بــلطي 2.2 اــهاقلتي يــتلاو اــهتحص حــضتت يــتلا رــماولأا ةــفاك عــم وــحن ىــلع اــهب حرّــص دــق لــماعتملا نأ راــبتعاب كــنبلا تاــضيوفت يأ طورــش عــم ضراــعتت تــناك اذإ ىــتح ،بــسانم قــلعتي اــميف تــقو يأ يــف لــماعتملا نــم ةــمدقم ىرــخأ كــنبلا تاــمازتلا بــجومبو .لــماعتملا نوؤــش وأ تاباــسحب رــخآ مازــتلا يأ كــنبلا لــمحتي لا ،هاــعأ 2.1 دــنبلا يــف ةدراوــلا ردــصأ يذــلا صخــشلا تاــيحاص وأ رــماولأا ةــحص نــم قــقحتلاب

Appears in 1 contract

Samples: Banking Services Agreement

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Commands. 3.1 i. The Customer is required to quote anyone or more of the login credentials and any other identifiers as shall be prescribed by the Bank from time to time in order inorder to log-on to the Service and give Commands to the Bank Online. Commands in connection with the Service shall not be considered to be received by the Bank unless they are given in such manner as the Bank may prescribe from time to time and until the Bank has actually received them. The Bank will only accept a Command if it has been effected through the Service using an appropriate login credentials and any other identifiers in accordance with these Terms and Conditions. 3.2 ii. The Customer requests and authorizes authorises the Bank to treat all apparently valid Commands received by the Bank as commands properly authorized authorised by the Customer, even if they conflict with the terms of any other mandates given by the Customer at any time concerning the Customer's Accounts or affairs. Subject to the Bank's obligations in Clause 3.1 i above, the Bank shall be under no other obligation to check the authenticity of Commands or the authority of the person(s) giving them. 3.3 iii. The Customer is responsible for the accuracy and completeness of Commands and for ensuring that they will achieve the Customer's intended purpose. The Bank is not liable for any loss or delay where the contents of a Command are inaccurate or incomplete nor the Bank shall be responsible or liable for acting in good faith upon a Command and the Customer shall indemnify the Bank for any loss, damage or expense the Bank may incur as a result thereof. 3.4 iv. Any Command given in connection with the Service by quoting the login credentials and such other identifiers of the Customer as prescribed by the Bank, once given, may not be rescinded or withdrawn without the consent of the Bank. All such Commands given, as understood and acted on by the Bank in good faith, shall be irrevocable and binding on the Customer whether given by the Customer or by any other person purporting to be the Customer. 3.5 v. In the event that the Customer requests the Bank to cancel or modify any Command, the Bank will make all reasonable efforts to comply with the Customer's request. However, the Bank is not liable for any failure to cancel or modify the Command if such a request is received at a time or under circumstances that renders the Bank unable to comply with the Customer's request. 3.6 vi. The Bank is entitled to debit the Customer's Accounts, wherever they are situated and whenever they are opened, with any amounts that the Bank has paid or incurred in accordance with a Command. 3.7 vii. The Bank may, in its absolute discretion and without liability, refuse to act on or delay acting on a Command if: a. It (a) it is a request or Command the effect of which would be to exceed a limit imposed by the Bank upon the Customer generally or upon the Corporate User in question.; b. (b) the Bank knows of or suspects a breach of security in respect of or in connection with the operation of one or more of the Customer's Accounts or the orthe Service generally generally; or c. The (c) the Bank has terminated the Service pursuant to Clause 11 k below. 3.8 viii. In the event that the Bank does not act on or delays acting on a Command pursuant to Clause 3.7 vii above, the Bank shall notify the Customer of such inaction or delay as soon as is reasonably possible. 3.9 ix. The Customer acknowledges that a transaction being carried out is not always simultaneous with a Command being given. Some Commands may take time to process and certain Commands may only be processed during normal banking hours even though the Service is Online and may be accessible outside such hours. Accordingly, the Bank shall be not be liable for loss, damage or cost as a result thereof. 3.10 x. Any exchange rate, profit and/or, dealing rate and other prices and information quoted by the Bank on the Internet Site or otherwise in response to an online Online inquiry is for reference only and is not binding. Any rate, price and information offered by the Bank for the purpose of the relevant transaction shall be binding on the Customer upon his confirmation of his acceptance irrespective of any different rate, price or information quoted by the Bank for other purposes or transactions. 3.11 xi. Any advice or confirmation that a Command has been received and/or a transaction has been effected through the Service will be provided by the Bank Online. Such advice or confirmation shall be deemed to have been received by the Customer immediately after transmission and it is the Customer's responsibility to check such advice or confirmation, where . Where the Customer does not receive an advice or confirmation within the time usually required for a similar advice or confirmation to be received, it is the Customer's responsibility to make enquiries with the Bank. No separate advice or confirmation of the transaction will be supplied to the Customer by the Bank.

Appears in 1 contract

Samples: Banking Services Agreement

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