LIABILITIES OF THE PARTIES. 6.1 For non-performance or improper performance of obligations under this Agreement, the Parties shall be liable in accordance with the current Legislation. 6.2 The Client shall be liable: 6.2.1 for complying with the security requirements set out in the Remote Banking Servicing Rules (Appendix 3 to this Agreement) as well as for losses and (or) other consequences resulting from failure to comply with these security measures; 6.2.2 for ensuring the security and confidentiality of the System access credentials (Login, Password, OTP device) and Call-Back Contact Details required for additional Call-Back Authorization of the Client's EPD in foreign currency; 6.2.3 for losses that may arise as a result of unauthorized use of the System access credentials (Login, Password and/or OTP device), unauthorized use of Call-Back Contact Details required to perform additional Call-Back Authorization of the Client’s EPD in foreign currency, as well as for non- performance / improper performance of established security and confidentiality measures set out in the Remote Banking Servicing Rules (Appendix 3 to this Agreement); 6.2.4 for unauthorized access by third parties to the use of the System services as a result of the Client own intent or negligence as well as for all consequences caused by such unauthorized access; 6.2.5 for any consequences that may arise as a result of any action or initiative taken by the Client (with or without the Client's knowledge) or third parties using the Client's access credentials (Login, Password, OTP device) for managing the Client's accounts via the System or using Call-Back Contact Details required to perform additional confirmation of the Clients EPD in foreign currency; Information on amendments: in accordance with the Management Board Protocol # 45 dated 07.06.2021, Section 6 of the Public Offer was supplemented by clause 6.2.6 (clause 6.3 in the previous version) (the amendments shall come into force from 21.06.2021) 6.2.6 The Сlient is responsible for complying with the rules for the use of payment instruments, the procedure for drawing up and authorization of ED/EPDs in accordance with the Legislation. Information on amendments: in accordance with the Management Board Protocol # 45 dated 07.06.2021, clause 6.3 of the Public Offer was set out in a new wording (the amendments shall come into force from 21.06.2021) 6.3 The Bank shall be liable for the correct reflection of transactions on the Client’s account and the timely transmission of information via the Internet Banking System. 6.4 The Bank shall not be liable: 6.4.1 for non-performance or improper performance of its obligations under this Agreement for reasons related to disruption of the Internet; 6.4.2 for the quality of services provided by mobile phone operators, fixed line telephone network operators, Internet service providers, etc.; 6.4.3 for the actions of the owners of personal computers and mobile devices, for the actions of the owners of websites and mobile applications used by the Client, for the actions caused by third- party software used by the Client as well as for any losses and/or other consequences resulting from the Client’s failure to comply with the security requirements set forth in the Remote Banking Servicing Rules (Appendix 3 to this Agreement); 6.4.4 for the theft, damage or loss of the Client's confidential information, including access credentials (Login, Password, OTP device) as a result of malicious software running on the equipment that the Client uses to access the System and for the consequences thereof; 6.4.5 for any losses incurred by the Client due to unauthorized access of third parties to the Client’s account management via the System using the Client’s access credentials (Login, Password and/or OTP device) or other Client’s information required to access and carry out transactions via the System and in other cases provided for in this Agreement; 6.4.6 for the failure to execute a payment instruction or other instructions transmitted by the Client via the System, which occurred through no fault of the Bank, or for irregular, inaccurate, incomplete information and/or data transmitted or requested through the System if such failure occurred due System failure, malfunction or shutdown which occurred through no fault of the Bank; 6.4.7 for failure to execute the Client's instructions sent to the Bank via the System in case the Client’s account(s) are blocked or seized, as well as in case operations on the Client's account(s) are suspended as provided for in this Agreement, in the Bank Account Agreement and/or in accordance with the Legislation; 6.4.8 for failure to execute Client's instructions sent to the Bank via the System, the execution of which contradicts the current Legislation or in the event of errors made in the process of their creation; 6.4.9 for any losses and/or other consequences that may arise as a result of the Bank's failure to execute the Client's instructions for the reasons set out in this section of the Agreement; 6.4.10 for failure to execute the Client’s EPD in foreign currency caused by several consecutive unsuccessful attempts by the Bank's authorised employees to call the Client’s Contact Person by phone numbers indicated in the form of Appendix 2 to this Agreement in order to perform additional Call-Back Authorization of the Client’s EPD in the manner prescribed by the relevant internal procedure of the Bank; 6.4.11 for any losses and/or other consequences that may arise as a result of the Bank's failure to execute the Client's instructions for the reasons set out in this section of the Agreement. 6.5 The Bank does not guarantee that the System will be free of errors, malfunctions, operational failures or delays in the execution of the Client's orders and instructions beyond the Bank's control. Nor does the Bank guarantee that the System will operate uninterruptedly, that the System is the latest achievement of modern technology or that it meets the specific goals or results expected by the Client 6.6 The Bank's liability to the Client does not include indirect losses incurred by the Client as a result of System failures due power shortages or other third party disputes that make the System impossible to operate, even if the Bank has been notified of the possibility of such losses, unless the Client proves that such losses have been caused by deliberate or negligence from the Bank’s side. 6.7 The Parties shall be released from liability for non-performance or improper performance of obligations under this Agreement if it is due to force majeure circumstances. The terms of exemption from liability and the procedure for Parties’ relations in the event of force majeure defined in Section 9 of this.
Appears in 2 contracts
Samples: Remote Banking Servicing Agreement, Remote Banking Servicing Agreement
LIABILITIES OF THE PARTIES. 6.1 For non-performance or improper performance of obligations under this Agreement, the Parties shall be liable in accordance with the current Legislation.
6.2 The Client shall be liable:
6.2.1 for complying with the security requirements set out in the Remote Banking Servicing Rules (Appendix 3 to this Agreement) as well as for losses and (or) other consequences resulting from failure to comply with these security measures;
6.2.2 for ensuring the security and confidentiality of the System access credentials (Login, Password, OTP device) and Call-Back Contact Details required for additional Call-Back Authorization of the Client's EPD in foreign currency;
6.2.3 for losses that may arise as a result of unauthorized use of the System access credentials (Login, Password and/or OTP device), unauthorized use of Call-Back Contact Details required to perform additional Call-Back Authorization of the Client’s EPD in foreign currency, as well as for non- performance / improper performance of established security and confidentiality measures set out in the Remote Banking Servicing Rules (Appendix 3 to this Agreement);
6.2.4 for unauthorized access by third parties to the use of the System services as a result of the Client own intent or negligence as well as for all consequences caused by such unauthorized access;
6.2.5 for any consequences that may arise as a result of any action or initiative taken by the Client (with or without the Client's knowledge) or third parties using the Client's access credentials (Login, Password, OTP device) for managing the Client's accounts via the System or using Call-Back Contact Details required to perform additional confirmation of the Clients EPD in foreign currency; Information on amendments: in accordance with the Management Board Protocol # 45 dated 07.06.2021, Section 6 of the Public Offer was supplemented by clause 6.2.6 (clause ;
6.3 in the previous version) (the amendments shall come into force from 21.06.2021)
6.2.6 The Сlient is responsible for complying with the rules for the use of payment instruments, the procedure for drawing up and authorization of ED/EPDs in accordance with the Legislation. Information on amendments: in accordance with the Management Board Protocol # 45 dated 07.06.2021, clause 6.3 of the Public Offer was set out in a new wording (the amendments shall come into force from 21.06.2021)
6.3 The Bank shall be liable for the correct reflection of transactions on the Client’s account and the timely transmission of information via the Internet Banking System.
6.4 The Bank shall not be liable:
6.4.1 for non-performance or improper performance of its obligations under this Agreement for reasons related to disruption of the Internet;
6.4.2 for the quality of services provided by mobile phone operators, fixed line telephone network operators, Internet service providers, etc.;
6.4.3 for the actions of the owners of personal computers and mobile devices, for the actions of the owners of websites and mobile applications used by the Client, for the actions caused by third- party software used by the Client as well as for any losses and/or other consequences resulting from the Client’s failure to comply with the security requirements set forth in the Remote Banking Servicing Rules (Appendix 3 to this Agreement);
6.4.4 for the theft, damage or loss of the Client's confidential information, including access credentials (Login, Password, OTP device) as a result of malicious software running on the equipment that the Client uses to access the System and for the consequences thereof;
6.4.5 for any losses incurred by the Client due to unauthorized access of third parties to the Client’s account management via the System using the Client’s access credentials (Login, Password and/or OTP device) or other Client’s information required to access and carry out transactions via the System and in other cases provided for in this Agreement;
6.4.6 for the failure to execute a payment instruction or other instructions transmitted by the Client via the System, which occurred through no fault of the Bank, or for irregular, inaccurate, incomplete information and/or data transmitted or requested through the System if such failure occurred due System failure, malfunction or shutdown which occurred through no fault of the Bank;
6.4.7 for failure to execute the Client's instructions sent to the Bank via the System in case the Client’s account(s) are blocked or seized, as well as in case operations on the Client's account(s) are suspended as provided for in this Agreement, in the Bank Account Agreement and/or in accordance with the Legislation;
6.4.8 for failure to execute Client's instructions sent to the Bank via the System, the execution of which contradicts the current Legislation or in the event of errors made in the process of their creation;
6.4.9 for any losses and/or other consequences that may arise as a result of the Bank's failure to execute the Client's instructions for the reasons set out in this section of the Agreement;
6.4.10 for failure to execute the Client’s EPD in foreign currency caused by several consecutive unsuccessful attempts by the Bank's authorised employees to call the Client’s Contact Person by phone numbers indicated in the form of Appendix 2 to this Agreement in order to perform additional Call-Back Authorization of the Client’s EPD in the manner prescribed by the relevant internal procedure of the Bank;
6.4.11 for any losses and/or other consequences that may arise as a result of the Bank's failure to execute the Client's instructions for the reasons set out in this section of the Agreement.
6.5 The Bank does not guarantee that the System will be free of errors, malfunctions, operational failures or delays in the execution of the Client's orders and instructions beyond the Bank's control. Nor does the Bank guarantee that the System will operate uninterruptedly, that the System is the latest achievement of modern technology or that it meets the specific goals or results expected by the Client
6.6 The Bank's liability to the Client does not include indirect losses incurred by the Client as a result of System failures due power shortages or other third party disputes that make the System impossible to operate, even if the Bank has been notified of the possibility of such losses, unless the Client proves that such losses have been caused by deliberate or negligence from the Bank’s side.
6.7 The Parties shall be released from liability for non-performance or improper performance of obligations under this Agreement if it is due to force majeure circumstances. The terms of exemption from liability and the procedure for Parties’ relations in the event of force majeure defined in Section 9 of this.
Appears in 1 contract
LIABILITIES OF THE PARTIES. 6.1 For non-performance or improper performance of obligations under this Agreement, the Parties shall be liable in accordance with the current Legislation.
6.2 The Client shall be liable:
6.2.1 for complying with the security requirements set out in the Remote Banking Servicing Rules (Appendix 3 to this Agreement) as well as for losses and (or) other consequences resulting from failure to comply with these security measures;
6.2.2 for ensuring the security and confidentiality of the System access credentials (Login, Password, OTP device) and Call-Back Contact Details required for additional Call-Back Authorization of the Client's EPD in foreign currency;
6.2.3 for losses that may arise as a result of unauthorized use of the System access credentials (Login, Password and/or OTP device), unauthorized use of Call-Back Contact Details required to perform additional Call-Back Authorization of the Client’s EPD in foreign currency, as well as for non- performance / improper performance of established security and confidentiality measures set out in the Remote Banking Servicing Rules (Appendix 3 to this Agreement);
6.2.4 for unauthorized access by third parties to the use of the System services as a result of the Client own intent or negligence as well as for all consequences caused by such unauthorized access;
6.2.5 for any consequences that may arise as a result of any action or initiative taken by the Client (with or without the Client's knowledge) or third parties using the Client's access credentials (Login, Password, OTP device) for managing the Client's accounts via the System or using Call-Back Contact Details required to perform additional confirmation of the Clients EPD in foreign currency; Information on amendments: in accordance with the Management Board Protocol Xxxxxxxx # 45 00 dated 07.06.2021, Section 6 of the Public Offer was supplemented by clause 6.2.6 (clause 6.3 in the previous version) (the amendments shall come into force from 21.06.2021)
6.2.6 The Сlient is responsible for complying with the rules for the use of payment instruments, the procedure for drawing up and authorization of ED/EPDs in accordance with the Legislation. Information on amendments: in accordance with the Management Board Protocol Xxxxxxxx # 45 00 dated 07.06.2021, clause 6.3 of the Public Offer was set out in a new wording (the amendments shall come into force from 21.06.2021)
6.3 The Bank shall be liable for the correct reflection of transactions on the Client’s account and the timely transmission of information via the Internet Banking System.
6.4 The Bank shall not be liable:
6.4.1 for non-performance or improper performance of its obligations under this Agreement for reasons related to disruption of the Internet;
6.4.2 for the quality of services provided by mobile phone operators, fixed line telephone network operators, Internet service providers, etc.;
6.4.3 for the actions of the owners of personal computers and mobile devices, for the actions of the owners of websites and mobile applications used by the Client, for the actions caused by third- party software used by the Client as well as for any losses and/or other consequences resulting from the Client’s failure to comply with the security requirements set forth in the Remote Banking Servicing Rules (Appendix 3 to this Agreement);
6.4.4 for the theft, damage or loss of the Client's confidential information, including access credentials (Login, Password, OTP device) as a result of malicious software running on the equipment that the Client uses to access the System and for the consequences thereof;
6.4.5 for any losses incurred by the Client due to unauthorized access of third parties to the Client’s account management via the System using the Client’s access credentials (Login, Password and/or OTP device) or other Client’s information required to access and carry out transactions via the System and in other cases provided for in this Agreement;
6.4.6 for the failure to execute a payment instruction or other instructions transmitted by the Client via the System, which occurred through no fault of the Bank, or for irregular, inaccurate, incomplete information and/or data transmitted or requested through the System if such failure occurred due System failure, malfunction or shutdown which occurred through no fault of the Bank;
6.4.7 for failure to execute the Client's instructions sent to the Bank via the System in case the Client’s account(s) are blocked or seized, as well as in case operations on the Client's account(s) are suspended as provided for in this Agreement, in the Bank Account Agreement and/or in accordance with the Legislation;
6.4.8 for failure to execute Client's instructions sent to the Bank via the System, the execution of which contradicts the current Legislation or in the event of errors made in the process of their creation;
6.4.9 for any losses and/or other consequences that may arise as a result of the Bank's failure to execute the Client's instructions for the reasons set out in this section of the Agreement;
6.4.10 for failure to execute the Client’s EPD in foreign currency caused by several consecutive unsuccessful attempts by the Bank's authorised employees to call the Client’s Contact Person by phone numbers indicated in the form of Appendix 2 to this Agreement in order to perform additional Call-Back Authorization of the Client’s EPD in the manner prescribed by the relevant internal procedure of the Bank;
6.4.11 for any losses and/or other consequences that may arise as a result of the Bank's failure to execute the Client's instructions for the reasons set out in this section of the Agreement.
6.5 The Bank does not guarantee that the System will be free of errors, malfunctions, operational failures or delays in the execution of the Client's orders and instructions beyond the Bank's control. Nor does the Bank guarantee that the System will operate uninterruptedly, that the System is the latest achievement of modern technology or that it meets the specific goals or results expected by the Client
6.6 The Bank's liability to the Client does not include indirect losses incurred by the Client as a result of System failures due power shortages or other third party disputes that make the System impossible to operate, even if the Bank has been notified of the possibility of such losses, unless the Client proves that such losses have been caused by deliberate or negligence from the Bank’s side.
6.7 The Parties shall be released from liability for non-performance or improper performance of obligations under this Agreement if it is due to force majeure circumstances. The terms of exemption from liability and the procedure for Parties’ relations in the event of force majeure defined in Section 9 of this.
Appears in 1 contract
Samples: Remote Banking Servicing Agreement
LIABILITIES OF THE PARTIES. 6.1 For non-performance or improper performance of obligations under this Agreement, the Parties shall be liable in accordance with the current Legislation.
6.2 The Client shall be liable:
6.2.1 for complying with the security requirements set out in the Remote Banking Servicing Rules (Appendix 3 to this Agreement) as well as for losses and (or) other consequences resulting from failure to comply with these security measures;
6.2.2 for ensuring the security and confidentiality of the System access credentials (Login, Password, OTP deviceToken) and Call-Back Contact Details required for additional Call-Back Authorization of the Client's EPD in foreign currency;
6.2.3 for losses that may arise as a result of unauthorized use of the System access credentials (Login, Password and/or OTP deviceToken), unauthorized use of Call-Back Contact Details required to perform additional Call-Back Authorization of the Client’s EPD in foreign currency, as well as for non- performance / improper performance of established security and confidentiality measures set out in the Remote Banking Servicing Rules (Appendix 3 to this Agreement);
6.2.4 for unauthorized access by third parties to the use of the System services as a result of the Client own intent or negligence as well as for all consequences caused by such unauthorized access;
6.2.5 for any consequences that may arise as a result of any action or initiative taken by the Client (with or without the Client's knowledge) or third parties using the Client's access credentials (Login, Password, OTP deviceToken) for managing the Client's accounts via the System or using Call-Back Contact Details required to perform additional confirmation of the Clients EPD in foreign currency; Information on amendments: in accordance with the Management Board Protocol # 45 dated 07.06.2021, Section 6 of the Public Offer was supplemented by clause 6.2.6 (clause 6.3 in the previous version) (the amendments shall come into force from 21.06.2021)
6.2.6 The Сlient is responsible for complying with the rules for the use of payment instruments, the procedure for drawing up and authorization of ED/EPDs in accordance with the Legislation. Information on amendments: in accordance with the Management Board Protocol # 45 dated 07.06.2021, clause 6.3 of the Public Offer was set out in a new wording (the amendments shall come into force from 21.06.2021)
6.3 The Bank shall be liable for the correct reflection of transactions on the Client’s account and the timely transmission of information via the Internet Banking System.
6.4 The Bank shall not be liable:
6.4.1 for non-performance or improper performance of its obligations under this Agreement for reasons related to disruption of the Internet;
6.4.2 for the quality of services provided by mobile phone operators, fixed line telephone network operators, Internet service providers, etc.;
6.4.3 for the actions of the owners of personal computers and mobile devices, for the actions of the owners of websites and mobile applications used by the Client, for the actions caused by third- third-party software used by the Client as well as for any losses and/or other consequences resulting from the Client’s failure to comply with the security requirements set forth in the Remote Banking Servicing Rules (Appendix 3 to this Agreement);
6.4.4 for the theft, damage or loss of the Client's confidential information, including access credentials (Login, Password, OTP deviceToken) as a result of malicious software running on the equipment that the Client uses to access the System and for the consequences thereof;
6.4.5 for any losses incurred by the Client due to unauthorized access of third parties to the Client’s account management via the System using the Client’s access credentials (Login, Password and/or OTP deviceToken) or other Client’s information required to access and carry out transactions via the System and in other cases provided for in this Agreement;
6.4.6 for the failure to execute a payment instruction or other instructions transmitted by the Client via the System, which occurred through no fault of the Bank, or for irregular, inaccurate, incomplete information and/or data transmitted or requested through the System if such failure occurred due System failure, malfunction or shutdown which occurred through no fault of the Bank;
6.4.7 for failure to execute the Client's instructions sent to the Bank via the System in case the Client’s account(s) are blocked or seized, as well as in case operations on the Client's account(s) are suspended as provided for in this Agreement, in the Bank Account Agreement and/or in accordance with the Legislation;
6.4.8 for failure to execute Client's instructions sent to the Bank via the System, the execution of which contradicts the current Legislation or in the event of errors made in the process of their creation;
6.4.9 for any losses and/or other consequences that may arise as a result of the Bank's failure to execute the Client's instructions for the reasons set out in this section of the Agreement;
6.4.10 for failure to execute the Client’s EPD in foreign currency caused by several consecutive unsuccessful attempts by the Bank's authorised employees to call the Client’s Contact Person by phone numbers indicated in the form of Appendix 2 to this Agreement in order to perform additional Call-Back Authorization of the Client’s EPD in the manner prescribed by the relevant internal procedure of the Bank;
6.4.11 for any losses and/or other consequences that may arise as a result of the Bank's failure to execute the Client's instructions for the reasons set out in this section of the Agreement.
6.5 The Bank does not guarantee that the System will be free of errors, malfunctions, operational failures or delays in the execution of the Client's orders and instructions beyond the Bank's control. Nor does the Bank guarantee that the System will operate uninterruptedly, that the System is the latest achievement of modern technology or that it meets the specific goals or results expected by the Client
6.6 The Bank's liability to the Client does not include indirect losses incurred by the Client as a result of System failures due power shortages or other third third-party disputes that make the System impossible to operate, even if the Bank has been notified of the possibility of such losses, unless the Client proves that such losses have been caused by deliberate or negligence from the Bank’s side.
6.7 The Parties shall be released from liability for non-performance or improper performance of obligations under this Agreement if it is due to force majeure circumstances. The terms of exemption from liability and the procedure for Parties’ relations in the event of force majeure defined in Section 9 of this.
Appears in 1 contract
Samples: Internet Banking Remote Banking Servicing Agreement
LIABILITIES OF THE PARTIES. 6.1 For non-performance or improper performance of obligations under this Agreement, the Parties shall be liable in accordance with the current Legislation.
6.2 The Client shall be liable:
6.2.1 for complying compliance with the security requirements set out in the Remote Banking Servicing Rules (Appendix 3 2 to this Agreement) as well as for losses and (or) other consequences resulting arising from failure non-compliance with the security requirements; Information on amendments: in accordance with the Management Board Protocol #IMB/LGD/HO/23/2 dated 06.01.2023, clause 6.2.2 of the Public offer is amended to comply with these security measures;read as follows (the amendment is effective from 10.01.2023).
6.2.2 for ensuring the security and confidentiality of the credentials necessary for the Client's access to the Internet Banking System access credentials (Login, Password, OTP device) and the Call-Back Contact Details required for necessary to perform additional Call-Back Authorization Authorisation of the Client's EPD in foreign currency;; Information on amendments: in accordance with the Management Board Protocol #IMB/LGD/HO/23/2 dated 06.01.2023, clause 6.2.3 of the Public offer is amended to read as follows (the amendment is effective from 10.01.2023).
6.2.3 for the losses that may arise occur as a result of unauthorized use of the System access credentials (Login, Password and/or Password, SMS code, OTP device), unauthorized use of Call-Back Contact Details required to perform necessary for additional Call-Back Authorization of the Client’s EPD in foreign currency, currency as well as for non- performance / improper non-performance/undue performance of established security and confidentiality measures requirements as set out in the Remote Banking Servicing Rules servicing rules (Appendix № 3 to this Agreement);
6.2.4 for the unauthorized access by of third parties to the use of the System services as a result of the Client own intent or negligence as well as for all consequences caused by such unauthorized access;; Information on amendments: in accordance with the Management Board Protocol #IMB/LGD/HO/23/2 dated 06.01.2023, clause 6.2.5 of the Public offer is amended to read as follows (the amendment is effective from 10.01.2023).
6.2.5 for consequences of any consequences kind that may arise as a result of any action or initiative taken by the Client (with or without the Client's knowledge) or third parties using the Client's access credentials (Login, Password, OTP device) for managing to manage the Client's accounts via the Internet Banking System or using the Call-Back Contact Details required to perform additional confirmation Call-Back Authorisation of the Clients Client's EPD in foreign currencycurrency with or without the knowledge of the Client; Information on amendments: in accordance with the Management Board Protocol # 45 #IMB/LGD/HO/23/2 dated 07.06.202106.01.2023, Section 6 clause 6.2.6 of the Public Offer was supplemented by clause 6.2.6 (clause 6.3 in the previous version) offer is amended to read as follows (the amendments shall come into force amendment is effective from 21.06.202110.01.2023).
6.2.6 The Сlient for transactions and actions performed on the Client's accounts using the Client’s access credentials (Login, Password, OTP device) as well as using the SMS Code sent to the Client's mobile phone number. Information on amendments: in accordance with the Management Board Protocol #IMB/LGD/HO/23/2 dated 06.01.2023, section 5 of the Public offer is responsible supplemented with clauses 6.2.7 and 6.2.8 (the amendment is effective from 10.01.2023).
6.2.7 for complying with the rules for on the use of payment instruments, the procedure for drawing up and authorization of ED/EPDs EPD processing and authorisation procedures in accordance with the Legislation.
6.2.8 for submitting the necessary documents and information, including the timely submission of the documents required by the Bank for the Client Due Diligence procedure and for due performance of the monitoring functions over the foreign trade contracts and the accuracy of the information contained therein in accordance with the Legislation. Information on amendments: in accordance with the Management Board Protocol # 45 #IMB/LGD/HO/23/2 dated 07.06.202106.01.2023, clause 6.3 section 6 of the Public Offer was set out in a new wording offer is supplemented with clauses 6.3 (the amendments shall come into force amendment is effective from 21.06.202110.01.2023).
6.3 The Bank shall be liable for the correct reflection recording of transactions on the Client’s account 's account(s) and the timely transmission of information via the Internet Banking System.
6.4 The Bank shall not be liable:
6.4.1 for non-performance or improper performance of its the obligations under this Agreement for reasons related to the disruption of the Internet;
6.4.2 for the quality of services provided by mobile phone operators, fixed line telephone network operators, Internet internet service providers, etc.;
6.4.3 for the actions of the owners of personal computers and mobile devices, for the actions of the owners of websites and mobile applications used by the Client, for the actions caused by third- party software used by the Client as well as for any losses and/or other consequences resulting from the Client’s failure of the Client to comply with the security requirements set forth in the Remote Banking Servicing Rules (Appendix 3 2 to this Agreement);; Information on amendments: in accordance with the Management Board Protocol #IMB/LGD/HO/23/2 dated 06.01.2023, clause 6.4.4 of the Public offer is amended to read as follows (the amendment is effective from 10.01.2023).
6.4.4 for the theft, damage or loss of the Client's confidential information, including access credentials (Login, Password, OTP device) as a result of malicious software running on the equipment that used by the Client uses for access to access the Internet Banking System and for the consequences thereof;; Information on amendments: in accordance with the Management Board Protocol #IMB/LGD/HO/23/2 dated 06.01.2023, clause 6.4.5 of the Public offer is amended to read as follows (the amendment is effective from 10.01.2023).
6.4.5 for any losses incurred by the Client due to as a result of unauthorized access of third parties to the Client’s account management via Internet Banking System with the System using use of the Client’s access credentials (Login, Password and/or Password, SMS Code, OTP device) or other Client’s information required to access and carry out execute transactions via the Internet Banking System and in other cases provided for in this Agreement;
6.4.6 for the a failure to execute a payment instruction or other instructions transmitted sent by the Client via the System, which Internet Banking System occurred through no fault of the Bank, or for irregular, inaccurate, incomplete information and/or information/data transmitted sent or requested through via the System if such failure occurred due System to the System’s failure, malfunction or shutdown which occurred through no fault of the Bank;
6.4.7 for failure to execute the Client's instructions sent to the Bank via the Internet Banking System in case blocking or seizure of the Client’s account(s) are blocked or seized), as well as in case operations of suspension of transactions on the Client's account(s) are suspended as provided for in by this Agreement, in the Bank Account Agreement and/or in accordance with the Legislation;
6.4.8 for failure to execute the Client's instructions sent to the Bank via the Internet Banking System, the execution of which contradicts is contrary to the current Legislation or in the event case of errors made in the process of their creation;
6.4.9 for any losses and/or other consequences that which may arise as a result of the Bank's failure to execute the Client's instructions for the reasons set out in this section of the Agreement;. Information on amendments: in accordance with the Management Board Protocol #IMB/LGD/HO/23/2 dated 06.01.2023, section 6 of the Public offer is supplemented with clauses 6.4.10 (the amendment is effective from 10.01.2023).
6.4.10 for failure to execute non-execution of the Client’s 's EPD in foreign currency caused by resulted from several consecutive unsuccessful attempts by the Bank's authorised responsible employees of the Bank to call reach the Client’s Contact Person Client by phone numbers indicated specified in the form of Appendix Annex 2 to this Agreement in order to perform additional Call-Call- Back Authorization of the Client’s EPD in the manner prescribed by the relevant internal procedure of the BankAuthorisation;
6.4.11 for any losses and/or other consequences that may arise as a result of the Bank's failure to execute the Client's instructions for the reasons set out in this section of the Agreement.
6.5 The Bank does not guarantee that the System will be free of errors, malfunctions, operational failures or delays in the execution of the Client's orders and instructions which are beyond the Bank's control. Nor does the Bank guarantee that the System will operate uninterruptedly, that the System is the latest achievement of in modern technology or that it meets the specific goals Client’s objectives or results expected by the Clientexpectations.
6.6 The Bank's liability to the Client does not include indirect losses incurred by the Client as a result of System failures due to power shortages or other disputes of third party disputes that make parties affecting the System impossible to operatefunctioning of the System, even if the Bank has been notified advised of the possibility of such losses, unless the Client proves that such losses have been caused by are incurred as a result of a deliberate error or negligence from of the Bank’s side.
6.7 The Parties shall be released from liability for non-performance or improper performance of obligations under this Agreement if it is due to these were caused by force majeure circumstances. The terms of exemption from liability and the procedure for Parties’ relations regulating the relationship between the parties in the event of force majeure defined is stipulated in Section 9 of thisthis Agreement.
Appears in 1 contract
Samples: Internet Banking Remote Banking Servicing Agreement
LIABILITIES OF THE PARTIES. 6.1 For non-performance or improper performance of obligations under this Agreement, the Parties shall be liable in accordance with the current Legislation.
6.2 . The Client shall be liable:
6.2.1 : for complying with the security requirements set out in the Remote Banking Servicing Rules (Appendix 3 to this Agreement) as well as for losses and (or) other consequences resulting from failure to comply with these security measures;
6.2.2 ; for ensuring the security and confidentiality of the System access credentials (Login, Password, OTP device) and Call-Back Contact Details required for additional Call-Back Authorization of the Client's EPD in foreign currency;
6.2.3 ; for losses that may arise as a result of unauthorized use of the System access credentials (Login, Password and/or OTP device), unauthorized use of Call-Back Contact Details required to perform additional Call-Back Authorization of the Client’s EPD in foreign currency, as well as for non- non-performance / improper performance of established security and confidentiality measures set out in the Remote Banking Servicing Rules (Appendix 3 to this Agreement);
6.2.4 ; for unauthorized access by third parties to the use of the System services as a result of the Client own intent or negligence as well as for all consequences caused by such unauthorized access;
6.2.5 ; for any consequences that may arise as a result of any action or initiative taken by the Client (with or without the Client's knowledge) or third parties using the Client's access credentials (Login, Password, OTP device) for managing the Client's accounts via the System or using Call-Back Contact Details required to perform additional confirmation of the Clients EPD in foreign currency; Information on amendments: in accordance with the Management Board Protocol # 45 dated 07.06.2021, Section 6 of the Public Offer was supplemented by clause 6.2.6 (clause 6.3 in the previous version) (the amendments shall come into force from 21.06.2021)
6.2.6 ) The Сlient is responsible for complying with the rules for the use of payment instruments, the procedure for drawing up and authorization of ED/EPDs in accordance with the Legislation. Information on amendments: in accordance with the Management Board Protocol # 45 dated 07.06.2021, clause 6.3 of the Public Offer was set out in a new wording (the amendments shall come into force from 21.06.2021)
6.3 ) The Bank shall be liable for the correct reflection of transactions on the Client’s account and the timely transmission of information via the Internet Banking System.
6.4 . The Bank shall not be liable:
6.4.1 : for non-performance or improper performance of its obligations under this Agreement for reasons related to disruption of the Internet;
6.4.2 ; for the quality of services provided by mobile phone operators, fixed line telephone network operators, Internet service providers, etc.;
6.4.3 ; for the actions of the owners of personal computers and mobile devices, for the actions of the owners of websites and mobile applications used by the Client, for the actions caused by third- third-party software used by the Client as well as for any losses and/or other consequences resulting from the Client’s failure to comply with the security requirements set forth in the Remote Banking Servicing Rules (Appendix 3 to this Agreement);
6.4.4 ; for the theft, damage or loss of the Client's confidential information, including access credentials (Login, Password, OTP device) as a result of malicious software running on the equipment that the Client uses to access the System and for the consequences thereof;
6.4.5 ; for any losses incurred by the Client due to unauthorized access of third parties to the Client’s account management via the System using the Client’s access credentials (Login, Password and/or OTP device) or other Client’s information required to access and carry out transactions via the System and in other cases provided for in this Agreement;
6.4.6 ; for the failure to execute a payment instruction or other instructions transmitted by the Client via the System, which occurred through no fault of the Bank, or for irregular, inaccurate, incomplete information and/or data transmitted or requested through the System if such failure occurred due System failure, malfunction or shutdown which occurred through no fault of the Bank;
6.4.7 ; for failure to execute the Client's instructions sent to the Bank via the System in case the Client’s account(s) are blocked or seized, as well as in case operations on the Client's account(s) are suspended as provided for in this Agreement, in the Bank Account Agreement and/or in accordance with the Legislation;
6.4.8 ; for failure to execute Client's instructions sent to the Bank via the System, the execution of which contradicts the current Legislation or in the event of errors made in the process of their creation;
6.4.9 ; for any losses and/or other consequences that may arise as a result of the Bank's failure to execute the Client's instructions for the reasons set out in this section of the Agreement;
6.4.10 ; for failure to execute the Client’s EPD in foreign currency caused by several consecutive unsuccessful attempts by the Bank's authorised employees to call the Client’s Contact Person by phone numbers indicated in the form of Appendix 2 to this Agreement in order to perform additional Call-Back Authorization of the Client’s EPD in the manner prescribed by the relevant internal procedure of the Bank;
6.4.11 ; for any losses and/or other consequences that may arise as a result of the Bank's failure to execute the Client's instructions for the reasons set out in this section of the Agreement.
6.5 . The Bank does not guarantee that the System will be free of errors, malfunctions, operational failures or delays in the execution of the Client's orders and instructions beyond the Bank's control. Nor does the Bank guarantee that the System will operate uninterruptedly, that the System is the latest achievement of modern technology or that it meets the specific goals or results expected by the Client
6.6 Client The Bank's liability to the Client does not include indirect losses incurred by the Client as a result of System failures due power shortages or other third party disputes that make the System impossible to operate, even if the Bank has been notified of the possibility of such losses, unless the Client proves that such losses have been caused by deliberate or negligence from the Bank’s side.
6.7 . The Parties shall be released from liability for non-performance or improper performance of obligations under this Agreement if it is due to force majeure circumstances. The terms of exemption from liability and the procedure for Parties’ relations in the event of force majeure defined in Section 9 of this. Information on amendments: in accordance with the Management Board Protocol # 45 dated 07.06.2021, clause 7.1 of the Public Offer was set out in a new wording (the amendments shall come into force from 21.06.2021) The Client acknowledges and accepts the right of the Bank to unilaterally amend and supplement this Agreement, the Appendices to this Agreement and the Bank Tariffs on the terms set out in this section of the Agreement with prior notice to the Client (10 days before such amendments take effect). The Bank shall notify the Client in advance before making amendments and additions to the relevant documents in Uzbek, Russian and English by posting notification on the Bank's Official Website, in the premises of the Bank's premises (the “Information” board) and in the System (the “News” section). Notification made in accordance with this article shall be deemed to have been received on the date of its posting. By notifying the Client of amendments and additions to this Agreement, the Bank shall have the right to suspend the use of the System by the Client until the Client has confirmed that he/she has read the amendments and additions to the terms of the Agreement proposed by the Bank upon notification. If the Client disagrees with the amendments and additions to this Agreement or Appendices to this Agreement, the Client shall notify the Bank thereof in writing prior to the stated amendments and additions take effect. The Client's disagreement with the amendments and additions to this Agreement and/or Appendices to this Agreement shall constitute the Client's withdrawal from this Agreement and shall result in termination of this Agreement with the Client within 5 (five) days from the date the Bank receives a written notice from the Client (including in the ED form) of disagreement with amendments and additions to this Agreement and/or Appendices to this Agreement. The absence of the Client's notification as specified in clause 7.4 hereof shall constitute the Client's consent of the amendments and additions to this Agreement and/or the Appendices to this Agreement and shall be deemed by the Bank and the Client as the Client’s acceptance of the Bank's offer to continue this Agreement under the new terms. If the Bank makes amendments and additions to the Bank Tariffs, such amendments and additions shall apply to this Agreement as from their effective date.
Appears in 1 contract
Samples: Remote Banking Servicing Agreement
