Common use of Direct Debits Clause in Contracts

Direct Debits. 17.1 Clients may make Settlement by direct debit upon the agreement of both Parties. Either Party may withdraw the direct debit facility at any time without liability to the other Party, subject always to the provisions of clause 7. 17.2 Direct debit payments may, in relation to Business Clients, be initiated electronically by Authorised Persons. 17.3 The usage of the Access Codes constitutes a security procedure that is a commercially reasonable method of protecting against unauthorised debits. 17.4 The Client agrees to be bound by any debit instruction(s), whether authorised or not, issued in the Client’s name via the System and acted upon by Moneycorp and/or any Moneycorp Group Company, and the Client agrees to be responsible for and hold Moneycorp and/or any relevant Moneycorp Group Company harmless from and against any and all liabilities and expenses incurred by Moneycorp and/or any relevant Moneycorp Group Company in connection with the execution of a debit instruction(s) believed by Moneycorp to have been issued by an Authorised Person. 17.5 In the event that the Client elects not to use or fails to adhere to the security procedures described above, the Client shall remain liable for any debit instruction(s) issued in the Client’s name, whether authorised or not, and acted upon by Moneycorp and/ or any Moneycorp Group Company. 17.6 The Client agrees that Moneycorp and other Moneycorp Group Companies and the Client’s bank are authorised to credit the Client’s account from time to time in the event that credit adjustments become necessary. 17.7 The Client authorises Moneycorp and other Moneycorp Group Companies to communicate with the Client’s bank as necessary to effect the Services. 17.8 By signing this Agreement, the Client irrevocably authorises Moneycorp and other Moneycorp Group Companies to debit the Client’s account for any amounts due to Moneycorp under any contract (including any Contract) between the Parties (including but not limited to liabilities or costs arising from breach of contract). 17.9 The Client shall provide thirty (30) days prior Written notice (unless Moneycorp agrees to a shorter notice period) to Moneycorp if the Client changes the account(s) at the Client’s bank(s) from which Moneycorp and other Moneycorp Group Companies have been granted the authority to initiate direct debits. 17.10 If as a result of an error or omission caused by Moneycorp, Moneycorp and/or any Moneycorp Group Company incorrectly debits the Client’s bank account in an amount that exceeds the value of Settlement actually due, Moneycorp or the relevant Moneycorp Group Company shall return to the Client the over-debit amount (i.e. the difference between the amount debited and the amount of Settlement actually due). The said return of funds shall be made within ten (10) Business Days of Moneycorp receiving written notice of the over-debit. Return of the over-debit amount shall be the Client’s sole and exclusive remedy for any such error or omission, without payment of interest. 17.11 If as a result of an error or omission caused by Moneycorp, Moneycorp and/or any Moneycorp Group Company incorrectly debits the Client’s bank account in an amount that is less than the value of Settlement actually due, Moneycorp and other Moneycorp Group Companies are authorised to initiate an additional debit(s) from the Client’s bank account for the additional funds owed by the Client to Moneycorp. 17.12 In the event any electronic debit authorised by the Client is not honoured by the Client’s bank, Moneycorp will charge the Client and the Client agrees to pay a fee of an amount equal to the administrative costs incurred by Moneycorp and/or any Moneycorp Group Company for the collection of each rejected direct debit. 17.13 For the avoidance of doubt, it is hereby agreed that the cancellation of any electronic debit instructions by the Client and/or any Authorised Person does not affect, in any way, any of the Client’s liabilities to Moneycorp under this Agreement, including any liability in respect of any Settlements.

Appears in 2 contracts

Samples: Account Agreement, Account Agreement

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Direct Debits. 17.1 Clients may make Settlement by direct debit upon the agreement of both Parties. Either Party may withdraw the direct debit facility at any time without liability to the other Party, subject always to the provisions of clause 7. 17.2 Direct debit payments may, in relation to Business Clients, be initiated electronically by Authorised Persons. 17.3 The usage of the Access Codes constitutes a security procedure that is a commercially reasonable method of protecting against unauthorised debits. 17.4 The Client agrees to be bound by any debit instruction(s), whether authorised or not, issued in the Client’s name via the System and acted upon by Moneycorp and/or any Moneycorp Group Company, and the Client agrees to be responsible for and hold Moneycorp and/or any relevant Moneycorp Group Company harmless from and against any and all liabilities and expenses incurred by Moneycorp and/or any relevant Moneycorp Group Company in connection with the execution of a debit instruction(s) believed by Moneycorp to have been issued by an Authorised Person. 17.5 In the event that the Client elects not to use or fails to adhere to the security procedures described above, the Client shall remain liable for any debit instruction(s) issued in the Client’s name, whether authorised or not, and acted upon by Moneycorp and/ or any Moneycorp Group Company. 17.6 The Client agrees that Moneycorp and other Moneycorp Group Companies and the Client’s bank are authorised to credit the Client’s account from time to time in the event that credit adjustments become necessary. 17.7 The Client authorises Moneycorp and other Moneycorp Group Companies to communicate with the Client’s bank as necessary to effect the Services. 17.8 By signing this Agreement, the Client irrevocably authorises Moneycorp and other Moneycorp Group Companies to debit the Client’s account for any amounts due to Moneycorp under any contract (including any Contract) between the Parties (including but not limited to liabilities or costs arising from breach of contract). 17.9 The Client shall provide thirty (30) days prior Written notice (unless Moneycorp agrees to a shorter notice period) to Moneycorp if the Client changes the account(s) at the Client’s bank(s) from which Moneycorp and other Moneycorp Group Companies have been granted the authority to initiate direct debits.at 17.10 If as a result of an error or omission caused by Moneycorp, Moneycorp and/or any Moneycorp Group Company incorrectly debits the Client’s bank account in an amount that exceeds the value of Settlement actually due, Moneycorp or the relevant Moneycorp Group Company shall return to the Client the over-debit amount (i.e. the difference between the amount debited and the amount of Settlement actually due). The said return of funds shall be made within ten (10) Business Days of Moneycorp receiving written Written notice of the over-debit. Return of the over-debit amount shall be the Client’s sole and exclusive remedy for any such error or omission, without payment of interest. 17.11 If as a result of an error or omission caused by Moneycorp, Moneycorp and/or any Moneycorp Group Company incorrectly debits the Client’s bank account in an amount that is less than the value of Settlement actually due, Moneycorp and other Moneycorp Group Companies are authorised to initiate an additional debit(s) from the Client’s bank account for the additional funds owed by the Client to Moneycorp. 17.12 In the event any electronic debit authorised by the Client is not honoured by the Client’s bank, Moneycorp will charge the Client and the Client agrees to pay a fee of an amount equal to the administrative costs incurred by Moneycorp and/or any Moneycorp Group Company for the collection of each rejected direct debit. 17.13 For the avoidance of doubt, it is hereby agreed that the cancellation of any electronic debit instructions by the Client and/or any Authorised Person does not affect, in any way, any of the Client’s liabilities to Moneycorp under this Agreement, including any liability in respect of any Settlements.

Appears in 1 contract

Samples: Foreign Exchange Account Agreement

Direct Debits. 17.1 19.1 Clients may make Settlement by direct debit upon the agreement of both Parties. Either Party may withdraw the direct debit facility at any time without liability to the other Party, subject always to the provisions of clause 79. 17.2 19.2 Direct debit payments may, in relation to Business Clients, be initiated electronically by Authorised Persons. 17.3 19.3 The usage of the Access Codes constitutes a security procedure that is a commercially reasonable method of protecting against unauthorised debits. 17.4 19.4 The Client agrees to be bound by any debit instruction(s), whether authorised or not, issued in the Client’s name via the System and acted upon by Moneycorp and/or any Moneycorp Group CompanyBank, and the Client agrees to be responsible for and hold Moneycorp and/or any relevant Moneycorp Group Company Bank harmless from and against any and all liabilities and expenses incurred by Moneycorp and/or any relevant Moneycorp Group Company Bank in connection with the execution of a debit instruction(s) believed by Moneycorp Bank to have been issued by an Authorised Person. 17.5 19.5 In the event that the Client elects not to use or fails to adhere to the security procedures described above, the Client shall remain liable for any debit instruction(s) issued in the Client’s name, whether authorised or not, and acted upon by Moneycorp and/ or any Moneycorp Group CompanyBank. 17.6 19.6 The Client agrees that Moneycorp and other Moneycorp Group Companies Bank and the Client’s bank are authorised to credit the Client’s account from time to time in the event that credit adjustments become necessary. 17.7 19.7 The Client authorises Moneycorp and other Moneycorp Group Companies Bank to communicate with the Client’s bank as necessary to effect the Services. 17.8 19.8 By signing this Agreement, the Client irrevocably authorises Moneycorp and other Moneycorp Group Companies Bank to debit the Client’s account Account for any amounts due to Moneycorp Bank under any contract (including any Contract) between the Parties (including but not limited to liabilities or costs arising from breach of contract)., provided that Moneycorp Bank gives the Client at least ten 17.9 19.9 The Client shall provide thirty (30) days prior Written notice (unless Moneycorp Bank agrees to a shorter notice period) to Moneycorp Bank if the Client changes the account(s) at the Client’s bank(s) from which Moneycorp and other Moneycorp Group Companies have Bank has been granted the authority to initiate direct debits. 17.10 19.10 If as a result of an error or omission caused by MoneycorpMoneycorp Bank, Moneycorp and/or any Moneycorp Group Company Bank incorrectly debits the Client’s bank account in an amount that exceeds the value of Settlement actually due, Moneycorp or the relevant Moneycorp Group Company Bank shall return to the Client the over-debit amount (i.e. the difference between the amount debited and the amount of Settlement actually due). The said return of funds shall be made within ten (10) Business Days of Moneycorp Bank receiving written Written notice of the over-debit. Return of the over-debit amount shall be the Client’s sole and exclusive remedy for any such error or omission, without payment of interest. 17.11 19.11 If as a result of an error or omission caused by MoneycorpMoneycorp Bank, Moneycorp and/or any Moneycorp Group Company Bank incorrectly debits the Client’s bank account in an amount that is less than the value of Settlement actually due, Moneycorp and other Moneycorp Group Companies are Bank is authorised to initiate an additional debit(s) from the Client’s bank account for the additional funds owed by the Client to MoneycorpMoneycorp Bank. 17.12 19.12 In the event any electronic debit authorised by the Client is not honoured by the Client’s bank, Moneycorp Bank will charge the Client and the Client agrees to pay a fee of an amount equal to the administrative costs incurred by Moneycorp and/or any Moneycorp Group Company Bank for the collection of each rejected direct debit. 17.13 19.13 For the avoidance of doubt, it is hereby agreed that the cancellation of any electronic debit instructions by the Client and/or any Authorised Person does not affect, in any way, any of the Client’s liabilities to Moneycorp Bank under this Agreement, including any liability in respect of any Settlements.

Appears in 1 contract

Samples: Terms and Conditions

Direct Debits. 17.1 Clients may make Settlement by direct debit upon the agreement of both Parties. Either Party may withdraw the direct debit facility at any time without liability to the other Party, subject always to the provisions of clause 7. 17.2 Direct debit payments may, in relation to Business Clients, be initiated electronically by Authorised Persons. 17.3 The usage of the Access Codes constitutes a security procedure that is a commercially reasonable method of protecting against unauthorised debits. 17.4 The Client agrees to be bound by any debit instruction(s), whether authorised or not, issued in the Client’s name via the System and acted upon by Moneycorp and/or any Moneycorp Group CompanyMoneycorp, and the Client agrees to be responsible for and hold Moneycorp and/or any relevant Moneycorp Group Company harmless from and against any and all liabilities and expenses incurred by Moneycorp and/or any relevant Moneycorp Group Company in connection with the execution of a debit instruction(s) believed by Moneycorp to have been issued by an Authorised Person. 17.5 In the event that the Client elects not to use or fails to adhere to the security procedures described above, the Client shall remain liable for any debit instruction(s) issued in the Client’s name, whether authorised or not, and acted upon by Moneycorp and/ or any Moneycorp Group CompanyMoneycorp. 17.6 The Client agrees that Moneycorp and other Moneycorp Group Companies and the Client’s bank are authorised to credit the Client’s account from time to time in the event that credit adjustments become necessary. 17.7 The Client authorises Moneycorp and other Moneycorp Group Companies to communicate with the Client’s bank as necessary to effect the Services. 17.8 By signing this Agreement, the Client irrevocably authorises Moneycorp and other Moneycorp Group Companies to debit the Client’s account for any amounts due to Moneycorp under any contract (including any Contract) between the Parties (including but not limited to liabilities or costs arising from breach of contract). 17.9 The Client shall provide thirty (30) days prior Written notice (unless Moneycorp agrees to a shorter notice period) to Moneycorp if the Client changes the account(s) at the Client’s bank(s) from which Moneycorp and other Moneycorp Group Companies have has been granted the authority to initiate direct debits. 17.10 If as a result of an error or omission caused by Moneycorp, Moneycorp and/or any Moneycorp Group Company incorrectly debits the Client’s bank account in an amount that exceeds the value of Settlement actually due, Moneycorp or the relevant Moneycorp Group Company shall return to the Client the over-debit amount (i.e. the difference between the amount debited and the amount of Settlement actually due). The said return of funds shall be made within ten (10) Business Days of Moneycorp receiving written Written notice of the over-debit. Return of the over-over- debit amount shall be the Client’s sole and exclusive remedy for any such error or omission, without payment of interest. 17.11 If as a result of an error or omission caused by Moneycorp, Moneycorp and/or any Moneycorp Group Company incorrectly debits the Client’s bank account in an amount that is less than the value of Settlement actually due, Moneycorp and other Moneycorp Group Companies are is authorised to initiate an additional debit(s) from the Client’s bank account for the additional funds owed by the Client to Moneycorp.the 17.12 In the event any electronic debit authorised by the Client is not honoured by the Client’s bank, Moneycorp will charge the Client and the Client agrees to pay a fee of an amount equal to the administrative costs incurred by Moneycorp and/or any Moneycorp Group Company for the collection of each rejected direct debit. 17.13 For the avoidance of doubt, it is hereby agreed that the cancellation of any electronic debit instructions by the Client and/or any Authorised Person does not affect, in any way, any of the Client’s liabilities to Moneycorp under this Agreement, including any liability in respect of any Settlements.

Appears in 1 contract

Samples: Commercial Foreign Exchange Account Agreement

Direct Debits. 17.1 Clients may make Settlement by direct debit upon the agreement of both Parties. Either Party may withdraw the direct debit facility at any time without liability to the other Party, subject always to the provisions of clause 7. 17.2 Direct debit payments may, in relation to Business Clients, be initiated electronically by Authorised Persons. 17.3 The usage of the Access Codes constitutes a security procedure that is a commercially reasonable method of protecting against unauthorised debits. 17.4 The Client agrees to be bound by any debit instruction(s), whether authorised or not, issued in the Client’s name via the System and acted upon by Moneycorp and/or any Moneycorp Group Company, and the Client agrees to be responsible for and hold Moneycorp and/or any relevant Moneycorp Group Company harmless from and against any and all liabilities and expenses incurred by Moneycorp and/or any relevant Moneycorp Group Company in connection with the execution of a debit instruction(s) believed by Moneycorp to have been issued by an Authorised Person. 17.5 In the event that the Client elects not to use or fails to adhere to the security procedures described above, the Client shall remain liable for any debit instruction(s) issued in the Client’s name, whether authorised or not, and acted upon by Moneycorp and/ or and/or any Moneycorp Group Company. 17.6 The Client agrees that Moneycorp and other Moneycorp Group Companies and the Client’s bank are authorised to credit the Client’s account from time to time in the event that credit adjustments become necessary. 17.7 The Client authorises Moneycorp and other Moneycorp Group Companies to communicate with the Client’s bank as necessary to effect the Services. 17.8 By signing this Agreement, the Client irrevocably authorises Moneycorp and other Moneycorp Group Companies to debit the Client’s account for any amounts due to Moneycorp under any contract (including any Contract) between the Parties (including but not limited to liabilities or costs arising from breach of contract). 17.9 The Client shall provide thirty (30) days prior Written notice (unless Moneycorp agrees to a shorter notice period) to Moneycorp if the Client changes the account(s) at the Client’s bank(s) from which Moneycorp and other Moneycorp Group Companies have been granted the authority to initiate direct debits. 17.10 If as a result of an error or omission caused by Moneycorp, Moneycorp and/or any Moneycorp Group Company incorrectly debits the Client’s bank account in an amount that exceeds the value of Settlement actually due, Moneycorp or the relevant Moneycorp Group Company shall return to the Client the over-debit amount (i.e. the difference between the amount debited and the amount of Settlement actually due). The said return of funds shall be made within ten (10) Business Days of Moneycorp receiving written Written notice of the over-debit. Return of the over-debit amount shall be the Client’s sole and exclusive remedy for any such error or omission, without payment of interest. 17.11 If as a result of an error or omission caused by Moneycorp, Moneycorp and/or any Moneycorp Group Company incorrectly debits the Client’s bank account in an amount that is less than the value of Settlement actually due, Moneycorp and other Moneycorp Group Companies are authorised to initiate an additional debit(s) from the Client’s bank account for the additional funds owed by the Client to Moneycorp. 17.12 In the event any electronic debit authorised by the Client is not honoured by the Client’s bank, Moneycorp will charge the Client and the Client agrees to pay a fee of an amount equal to the administrative costs incurred by Moneycorp and/or any Moneycorp Group Company for the collection of each rejected direct debit. 17.13 For the avoidance of doubt, it is hereby agreed that the cancellation of any electronic debit instructions by the Client and/or any Authorised Person does not affect, in any way, any of the Client’s liabilities to Moneycorp under this Agreement, including any liability in respect of any Settlements.

Appears in 1 contract

Samples: Account Agreement

Direct Debits. 17.1 16.1 Clients may make Settlement by direct debit upon the agreement of both Parties. Either Party may withdraw the direct debit facility at any time without liability to the other Party, subject always to the provisions of clause 7. 17.2 16.2 Direct debit payments may, in relation to Business Clients, may be initiated electronically by Authorised Persons. 17.3 16.3 The usage of the Access Codes constitutes a security procedure that is a commercially reasonable method of protecting against unauthorised debits. 17.4 16.4 The Client agrees to be bound by any debit instruction(s), whether authorised or not, issued in the Client’s name via the System and acted upon by Moneycorp and/or any Moneycorp Group CompanyMoneycorp, and the Client agrees to be responsible for and hold Moneycorp and/or any relevant Moneycorp Group Company harmless from and against any and all liabilities and expenses incurred by Moneycorp and/or any relevant Moneycorp Group Company in connection with the execution of a debit instruction(s) believed by Moneycorp to have been issued by an Authorised Person. 17.5 16.5 In the event that the Client elects not to use or fails to adhere to the security procedures described above, the Client shall remain liable for any debit instruction(s) issued in the Client’s name, whether authorised or not, and acted upon by Moneycorp and/ or any Moneycorp Group CompanyMoneycorp. 17.6 16.6 The Client agrees that Moneycorp and other Moneycorp Group Companies and the Client’s bank are authorised to credit the Client’s account from time to time in the event that credit adjustments become necessary. 17.7 16.7 The Client authorises Moneycorp and other Moneycorp Group Companies to communicate with the Client’s bank as necessary to effect the Services. 17.8 16.8 By signing this Agreement, the Client irrevocably authorises Moneycorp and other Moneycorp Group Companies to debit the Client’s account for any amounts due to Moneycorp under any contract (including any Contract) between the Parties (including but not limited to liabilities or costs arising from breach of contract), provided that Moneycorp gives the Client at least ten (10) Business Days’ Written notice. 17.9 16.9 The Client shall provide thirty (30) days prior Written notice (unless Moneycorp agrees to a shorter notice period) to Moneycorp if the Client changes the account(s) at the Client’s bank(s) from which Moneycorp and other Moneycorp Group Companies have has been granted the authority to initiate direct debits. 17.10 16.10 If as a result of an error or omission caused by Moneycorp, Moneycorp and/or any Moneycorp Group Company incorrectly debits the Client’s bank account in an amount that exceeds the value of Settlement actually due, Moneycorp or the relevant Moneycorp Group Company shall return to the Client the over-debit amount (i.e. the difference between the amount debited and the amount of Settlement actually due). The said return of funds shall be made within ten (10) Business Days of Moneycorp receiving written Written notice of the over-debit. Return of the over-debit amount shall be the Client’s sole and exclusive remedy for any such error or omission, without payment of interest. 17.11 16.11 If as a result of an error or omission caused by Moneycorp, Moneycorp and/or any Moneycorp Group Company incorrectly debits the Client’s bank account in an amount that is less than the value of Settlement actually due, Moneycorp and other Moneycorp Group Companies are is authorised to initiate an additional debit(s) from the Client’s bank account for the additional funds owed by the Client to Moneycorp. 17.12 16.12 In the event any electronic debit authorised by the Client is not honoured by the Client’s bank, Moneycorp will charge the Client and the Client agrees to pay a fee of an amount equal to the administrative costs incurred by Moneycorp and/or any Moneycorp Group Company for the collection of each rejected direct debit. 17.13 16.13 For the avoidance of doubt, it is hereby agreed that the cancellation of any electronic debit instructions by the Client and/or any Authorised Person does not affect, in any way, any of the Client’s liabilities to Moneycorp under this Agreement, including any liability in respect of any Settlements.

Appears in 1 contract

Samples: Commercial Payment Services and Foreign Exchange Account Agreement

Direct Debits. 17.1 Clients may make Settlement by direct debit upon the agreement of both Parties. Either Party may withdraw the direct debit facility at any time without liability to the other Party, subject always to the provisions of clause 7. 17.2 Direct debit payments may, in relation to Business Clients, be initiated electronically by Authorised Persons. 17.3 The usage of the Access Codes constitutes a security procedure that is a commercially reasonable method of protecting against unauthorised debits. 17.4 The Client agrees to be bound by any debit instruction(s), whether authorised or not, issued in the Client’s name via the System and acted upon by Moneycorp and/or any Moneycorp Group Company, and the Client agrees to be responsible for and hold Moneycorp and/or any relevant Moneycorp Group Company harmless from and against any and all liabilities and expenses incurred by Moneycorp and/or any relevant Moneycorp Group Company in connection with the execution of a debit instruction(s) believed by Moneycorp to have been issued by an Authorised Person. 17.5 In the event that the Client elects not to use or fails to adhere to the security procedures described above, the Client shall remain liable for any debit instruction(s) issued in the Client’s name, whether authorised or not, and acted upon by Moneycorp and/ or any Moneycorp Group Company. 17.6 The Client agrees that Moneycorp and other Moneycorp Group Companies and the Client’s bank are authorised to credit the Client’s account from time to time in the event that credit adjustments become necessary. 17.7 The Client authorises Moneycorp and other Moneycorp Group Companies to communicate with the Client’s bank as necessary to effect the Services. 17.8 By signing this Agreement, the Client irrevocably authorises Moneycorp and other Moneycorp Group Companies to debit the Client’s account for any amounts due to Moneycorp under any contract (including any Contract) between the Parties (including but not limited to liabilities or costs arising from breach of contract). 17.9 The Client shall provide thirty (30) days prior Written notice (unless Moneycorp agrees to a shorter notice period) to Moneycorp if the Client changes the account(s) at the Client’s bank(s) from which Moneycorp and other Moneycorp Group Companies have been granted the authority to initiate direct debits. 17.10 If as a result of an error or omission caused by Moneycorp, Moneycorp and/or any Moneycorp Group Company incorrectly debits the Client’s bank account in an amount that exceeds the value of Settlement actually due, Moneycorp or the relevant Moneycorp Group Company shall return to the Client the over-debit amount (i.e. the difference between the amount debited and the amount of Settlement actually due). The said return of funds shall be made within ten (10) Business Days of Moneycorp receiving written Written notice of the over-debit. Return of the over-debit amount shall be the Client’s sole and exclusive remedy for any such error or omission, without payment of interest. 17.11 If as a result of an error or omission caused by Moneycorp, Moneycorp and/or any Moneycorp Group Company incorrectly debits the Client’s bank account in an amount that is less than the value of Settlement actually due, Moneycorp and other Moneycorp Group Companies are authorised to initiate an additional debit(s) from the Client’s bank account for the additional funds owed by the Client to Moneycorp. 17.12 In the event any electronic debit authorised by the Client is not honoured by the Client’s bank, Moneycorp will charge the Client and the Client agrees to pay a fee of an amount equal to the administrative costs incurred by Moneycorp and/or any Moneycorp Group Company for the collection of each rejected direct debit. 17.13 For the avoidance of doubt, it is hereby agreed that the cancellation of any electronic debit instructions by the Client and/or any Authorised Person does not affect, in any way, any of the Client’s liabilities to Moneycorp under this Agreement, including any liability in respect of any Settlements.

Appears in 1 contract

Samples: Account Agreement

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Direct Debits. 17.1 Clients may make Settlement by direct debit upon the agreement of both Parties. Either Party may withdraw the direct debit facility at any time without liability to the other Party, subject always to the provisions of clause 7. 17.2 Direct debit payments may, in relation to Business Wholesale Clients, be initiated electronically by Authorised Persons. 17.3 The usage of the Access Codes constitutes a security procedure that is a commercially reasonable method of protecting against unauthorised debits. 17.4 The Client agrees to be bound by any debit instruction(s), whether authorised or not, issued in the Client’s name via the System and acted upon by Moneycorp and/or any Moneycorp Group CompanyMoneycorp, and the Client agrees to be responsible for and hold Moneycorp and/or any relevant Moneycorp Group Company harmless from and against any and all liabilities and expenses incurred by Moneycorp and/or any relevant Moneycorp Group Company in connection with the execution of a debit instruction(s) believed by Moneycorp to have been issued by an Authorised Person. 17.5 In the event that the Client elects not to use or fails to adhere to the security procedures described above, the Client shall remain liable for any debit instruction(s) issued in the Client’s name, whether authorised or not, and acted upon by Moneycorp and/ or any Moneycorp Group CompanyMoneycorp. 17.6 The Client agrees that Moneycorp and other Moneycorp Group Companies and the Client’s bank are authorised to credit the Client’s account from time to time in the event that credit adjustments become necessary. 17.7 The Client authorises Moneycorp and other Moneycorp Group Companies to communicate with the Client’s bank as necessary to effect the Services. 17.8 By signing this Agreement, the Client irrevocably authorises Moneycorp and other Moneycorp Group Companies to debit the Client’s account for any amounts due to Moneycorp under any contract (including any Contract) between the Parties (including but not limited to liabilities or costs arising from breach of contract), provided that Moneycorp gives the Client at least 10 Business Days’ Written notice. 17.9 The Client shall provide thirty (30) 30 days prior Written notice (unless Moneycorp agrees to a shorter notice period) to Moneycorp if the Client changes the account(s) at the Client’s bank(s) from which Moneycorp and other Moneycorp Group Companies have has been granted the authority to initiate direct debits. 17.10 If as a result of an error or omission caused by Moneycorp, Moneycorp and/or any Moneycorp Group Company incorrectly debits the Client’s bank account in an amount that exceeds the value of Settlement actually due, Moneycorp or the relevant Moneycorp Group Company shall return to the Client the over-debit amount (i.e. the difference between the amount debited and the amount of Settlement actually due). The said return of funds shall be made within ten (10) Business Days of Moneycorp receiving written Written notice of the over-debit. Return of the over-debit amount shall be the Client’s sole and exclusive remedy for any such error or omission, without payment of interest. 17.11 If as a result of an error or omission caused by Moneycorp, Moneycorp and/or any Moneycorp Group Company incorrectly debits the Client’s bank account in an amount that is less than the value of Settlement actually due, Moneycorp and other Moneycorp Group Companies are is authorised to initiate an additional debit(s) from the Client’s bank account for the additional funds owed by the Client to Moneycorp. 17.12 In the event any electronic debit authorised by the Client is not honoured by the Client’s bank, Moneycorp will charge the Client and the Client agrees to pay a fee of an amount equal to the administrative costs incurred by Moneycorp and/or any Moneycorp Group Company for the collection of each rejected direct debit. 17.13 For the avoidance of doubt, it is hereby agreed that the cancellation of any electronic debit instructions by the Client and/or any Authorised Person does not affect, in any way, any of the Client’s liabilities to Moneycorp under this Agreement, including any liability in respect of any Settlements.

Appears in 1 contract

Samples: Foreign Exchange Account Agreement

Direct Debits. 17.1 18.1 Clients may make Settlement by direct debit upon the agreement of both Parties. Either Party may withdraw the direct debit facility at any time without liability to the other Party, subject always to the provisions of clause 78. 17.2 18.2 Direct debit payments may, in relation to Business Clients, be initiated electronically by Authorised Persons. 17.3 18.3 The usage of the Access Codes constitutes a security procedure that is a commercially reasonable method of protecting against unauthorised debits. 17.4 18.4 The Client agrees to be bound by any debit instruction(s), whether authorised or not, issued in the Client’s name via the System and acted upon by Moneycorp and/or any Moneycorp Group CompanyBank, and the Client agrees to be responsible for and hold Moneycorp and/or any relevant Moneycorp Group Company Bank harmless from and against any and all liabilities and expenses incurred by Moneycorp and/or any relevant Moneycorp Group Company Bank in connection with the execution of a debit instruction(s) believed by Moneycorp Bank to have been issued by an Authorised Person. 17.5 18.5 In the event that the Client elects not to use or fails to adhere to the security procedures described above, the Client shall remain liable for any debit instruction(s) issued in the Client’s name, whether authorised or not, and acted upon by Moneycorp and/ or any Moneycorp Group CompanyBank. 17.6 18.6 The Client agrees that Moneycorp and other Moneycorp Group Companies Bank and the Client’s bank are authorised to credit the Client’s account from time to time in the event that credit adjustments become necessary. 17.7 18.7 The Client authorises Moneycorp and other Moneycorp Group Companies Bank to communicate with the Client’s bank as necessary to effect the Services. 17.8 18.8 By signing this Agreement, the Client irrevocably authorises Moneycorp and other Moneycorp Group Companies Bank to debit the Client’s account Account for any amounts due to Moneycorp Bank under any contract (including any Contract) between the Parties (including but not limited to liabilities or costs arising from breach of contract). 17.9 The Client shall provide thirty (30) days prior Written notice (unless , provided that Moneycorp agrees to a shorter notice period) to Moneycorp if Bank gives the Client changes the account(s) at the Client’s bank(s) from which Moneycorp and other Moneycorp Group Companies have been granted the authority to initiate direct debits. 17.10 If as a result of an error or omission caused by Moneycorp, Moneycorp and/or any Moneycorp Group Company incorrectly debits the Client’s bank account in an amount that exceeds the value of Settlement actually due, Moneycorp or the relevant Moneycorp Group Company shall return to the Client the over-debit amount (i.e. the difference between the amount debited and the amount of Settlement actually due). The said return of funds shall be made within ten (10) Business Days of Moneycorp receiving written notice of the over-debit. Return of the over-debit amount shall be the Client’s sole and exclusive remedy for any such error or omission, without payment of interest. 17.11 If as a result of an error or omission caused by Moneycorp, Moneycorp and/or any Moneycorp Group Company incorrectly debits the Client’s bank account in an amount that is less than the value of Settlement actually due, Moneycorp and other Moneycorp Group Companies are authorised to initiate an additional debit(s) from the Client’s bank account for the additional funds owed by the Client to Moneycorp. 17.12 In the event any electronic debit authorised by the Client is not honoured by the Client’s bank, Moneycorp will charge the Client and the Client agrees to pay a fee of an amount equal to the administrative costs incurred by Moneycorp and/or any Moneycorp Group Company for the collection of each rejected direct debit. 17.13 For the avoidance of doubt, it is hereby agreed that the cancellation of any electronic debit instructions by the Client and/or any Authorised Person does not affect, in any way, any of the Client’s liabilities to Moneycorp under this Agreement, including any liability in respect of any Settlements.least ten

Appears in 1 contract

Samples: Account Agreement

Direct Debits. 17.1 16.1 Clients may make Settlement by direct debit upon the agreement of both Parties. Either Party may withdraw the direct debit facility at any time without liability to the other Party, subject always to the provisions of clause 7. 17.2 16.2 Direct debit payments may, in relation to Business Clients, may be initiated electronically by Authorised Persons. 17.3 16.3 The usage of the Access Codes constitutes a security procedure that is a commercially reasonable method of protecting against unauthorised debits. 17.4 16.4 The Client agrees to be bound by any debit instruction(s), whether authorised or not, issued in the Client’s name via the System and acted upon by Moneycorp and/or any Moneycorp Group Company, and the Client agrees to be responsible for and hold Moneycorp and/or any relevant Moneycorp Group Company harmless from and against any and all liabilities and expenses incurred by Moneycorp and/or any relevant Moneycorp Group Company in connection with the execution of a debit instruction(s) believed by Moneycorp to have been issued by an Authorised Person. 17.5 16.5 In the event that the Client elects not to use or fails to adhere to the security procedures described above, the Client shall remain liable for any debit instruction(s) issued in the Client’s name, whether authorised or not, and acted upon by Moneycorp and/ or and/or any relevant Moneycorp Group Company. 17.6 16.6 The Client agrees that Moneycorp and other Moneycorp Group Companies Company and the Client’s bank are authorised to credit the Client’s account from time to time in the event that credit adjustments become necessary. 17.7 16.7 The Client authorises Moneycorp and other Moneycorp Group Companies Company to communicate with the Client’s bank as necessary to effect allow direct debit from the ServicesClient’s account opened with the Client’s bank. 17.8 16.8 By signing this Agreement, the Client irrevocably authorises Moneycorp and other Moneycorp Group Companies Company to debit the Client’s account for any amounts due to Moneycorp under any contract (including any Contract) between the Parties (including but not limited to liabilities or costs arising from breach of contract), provided that Moneycorp gives the Client at least ten (10) Business Days’ Written notice. 17.9 16.9 The Client shall provide thirty (30) days prior Written notice (unless Moneycorp agrees to a shorter notice period) to Moneycorp if the Client changes the account(s) at the Client’s bank(s) from which Moneycorp and other Moneycorp Group Companies Company have been granted the authority to initiate direct debits. 17.10 16.10 If as a result of an error or omission caused by Moneycorp, Moneycorp and/or any Moneycorp Group Company incorrectly debits the Client’s bank account in an amount that exceeds the value of Settlement actually due, Moneycorp or the relevant Moneycorp Group Company shall return to the Client the over-debit amount (i.e. the difference between the amount debited and the amount of Settlement actually due). The said return of funds shall be made within ten (10) Business Days of Moneycorp receiving written Written notice of the over-debit. Return of the over-debit amount shall be the Client’s sole and exclusive remedy for any such error or omission, without payment of interest. 17.11 16.11 If as a result of an error or omission caused by Moneycorp, Moneycorp and/or any Moneycorp Group Company, Moneycorp and other Moneycorp Group Company incorrectly debits the Client’s bank account in an amount that is less than the value of Settlement actually due, Moneycorp and other or the relevant Moneycorp Group Companies are Company is authorised to initiate an additional debit(s) from the Client’s bank account for the additional funds owed by the Client to Moneycorp. 17.12 16.12 In the event any electronic debit authorised by the Client is not honoured by the Client’s bank, Moneycorp will charge the Client and the Client agrees to pay a fee of an amount equal to the administrative costs incurred by Moneycorp and/or and/ or any Moneycorp Group Company for the collection of each rejected direct debit. 17.13 16.13 For the avoidance of doubt, it is hereby agreed that the cancellation of any electronic debit instructions by the Client and/or any Authorised Person does not affect, in any way, any of the Client’s liabilities to Moneycorp under this Agreement, including any liability in respect of any Settlements.

Appears in 1 contract

Samples: Commercial Payment Services and Foreign Exchange Account Agreement

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