LIABILITIES OF THE SERVICE PROVIDER. 11.1 Subject to the provisions of this Clause 11, the Service Provider, its officers and employees, and any person acting under the direction of the Service Provider, shall not be liable for any loss or damage howsoever caused to the Participant or its customer resulting from the operation of MEPS+ or the provision of MEPS+ Services, including any action that may be taken by the Service Provider against any other Participant, unless the Service Provider or the relevant officer, employee or person acting under the direction of the Service Provider has been found guilty of a reckless act or omission, or of intentional misconduct, in a final decision made by a court in Singapore.
11.2 The Service Provider shall not be responsible or liable to the Participant or its customer for any error in, or any delayed execution, non-execution, part-execution or different execution of, any transaction under MEPS+ caused by any machine or hardware malfunction, software defect, or electrical, electronic, SWIFT-related, telecommunication, electrical power supply or other technical fault, to the extent that such malfunction, defect, fault or cause did not result from the reckless act or omission, or the intentional misconduct, of the Service Provider, its officer, employee or person acting under its directions.
11.3 Under no circumstances shall the Service Provider, its officers or employees, or any person acting under the direction of the Service Provider be liable for any loss or damage howsoever caused, to the Participant or its customer as a result of:
(a) the inability of the Participant to make or receive payment or to effect securities settlement as a result of the suspension or termination of MEPS+ Services under this Agreement;
(b) the usage of the SWIFT Messaging Services, including but not limited to any loss or damage that may result from:
(i) the unavailability or deficiency in the SWIFT Messaging Services relating to the delivery and receipt of messages or instructions or the authentication mechanisms that may be provided by SWIFT; or
(ii) any negligent act or omission or wilful default by SWIFT.
(c) the usage of non-SWIFT transmission channels in accordance with the contingency procedures set out in the Rules, MEPS+ Operations Manual and MEPS+ User Manuals, including but not limited to any loss or damage that may result from:
(i) the processing of any message or instruction by the Service Provider, where such message or instruction is given in writing or sent t...
LIABILITIES OF THE SERVICE PROVIDER. 11.1 The Service Provider, its officers and employees, and any person acting under the direction of the Service Provider, shall not be liable for any loss or damage howsoever caused to the Participant or its customer resulting from the operation of MEPS+ or the provision of MEPS+ Services, including any action that may be taken by the Service Provider against any other Participant, unless the Service Provider or the relevant officer, employee or person acting under the direction of the Service Provider has been found guilty of a reckless act or omission, or of intentional misconduct, in a final decision made by a court in Singapore.
11.2 The Service Provider shall not be responsible or liable to the Participant or its customer for any error in, or any delayed execution, non-execution, part-execution or different execution of, any transaction under MEPS+ caused by any machine or hardware malfunction, software defect, malware, unauthorised computer code or electrical, electronic, SWIFT-related, telecommunication, electrical power supply or other technical fault, to the extent that such malfunction, defect, fault or cause did not result from the reckless act or omission, or the intentional misconduct, of the Service Provider, its officer, employee or person acting under its directions.
LIABILITIES OF THE SERVICE PROVIDER. 10.1. Paysera provides timely and proper access to the Services specified in Clause 1 of the Agreement.
10.2. Paysera ensures the restoration of virtual cash register operation within 72 hours from receiving information about the system failure, provided that the failure is not related to a disruption in the services of the tax administration.
