LIABILITY FOR PAYMENTS. 7.1 Subject to the remainder of this paragraph 7, where it is established that: (a) a Payment was not authorised by you or was incorrectly initiated or executed by us; and (b) you have notified us via the Associated Service Provider and the Associated Service Provider has notified us, without undue delay on becoming aware of the unauthorised or incorrectly executed Payment and in any event no later than 13 months after the date the Payment was made, we shall refund to you the full amount debited erroneously immediately and the amount debited without authorisation as soon as practicable and in any event no later than the end of the Business Day following the day on which we became aware of the unauthorised Payment, unless we have reasonable grounds to suspect fraud and notify the appropriate authorities. 7.2 We shall not be liable for non-execution or defective execution of a Payment which we have made in accordance with a Unique Identifier given to us by you or deemed to have been given by you which proves to be incorrect. However, we shall make efforts to trace any non-executed or defectively executed Payment and notify you of the outcome. 7.3 We are liable to you under paragraph 7.1 for the correct execution of a Payment unless: (a) paragraph 7.2 applies; or (b) we can prove to you (and where relevant, to the Beneficiary’s payment service provider) that the Beneficiary’s payment service provider received the amount of the Payment within the appropriate time period described in paragraph 3.10. 7.4 Under Article 41 of the Regulations, you may be entitled to a refund in certain circumstances where a Payment is initiated by the Beneficiary. It is not anticipated that any Payment will be initiated by a Beneficiary under the Services provided by us pursuant this Schedule. 7.5 The provisions in this paragraph 7 shall survive termination of this Agreement and any Contract. 7.6 In some circumstances a number of intermediaries (such as correspondent xxxxx) may be involved in an international transfer of currency, and such intermediaries may charge fees and expenses. The charges will in most cases (but not always) be deducted prior to its delivery. These charges are beyond our control and whilst we will endeavour to minimise these for you wherever possible, those charges cannot therefore be calculated in advance. You hereby acknowledge that you shall be liable for these charges.
Appears in 4 contracts
Samples: Terms and Conditions, Terms and Conditions, Terms and Conditions
LIABILITY FOR PAYMENTS. 7.1 Subject to the remainder of this paragraph 7, where it is established that:
(a) a Payment was not authorised by you or was incorrectly initiated or executed by us; and
(b) you have notified us via the Associated Service Provider and the Associated Service Provider has notified usby email to xxxxxxx@xxxx.xxx, without undue delay on becoming aware of the unauthorised or incorrectly executed Payment and in any event no later than 13 months one month after the date the Payment was made, we shall refund to you the full amount debited erroneously immediately and the amount debited without authorisation as soon as practicable and in any event no later than the end of the Business Day following the day on which we became aware of the unauthorised Payment, unless we have reasonable grounds to suspect fraud and notify the appropriate authorities.
7.2 It shall be for you to prove that the Payment was not authenticated by you. Failure to do so will mean that you are not entitled to a refund in accordance with this paragraph 7.
7.3 We shall not be liable for non-execution or defective execution of a Payment which we have made in accordance with a Unique Identifier given to us by you or deemed to have been given by you which proves to be incorrect. However, we shall make efforts to trace any non-executed or defectively executed Payment and notify you of the outcome.
7.3 7.4 We are liable to you under paragraph 7.1 for the correct execution of a Payment unless:
(a) paragraph 7.2 7.3 applies; or
(b) we can prove to you (and where relevant, to the Beneficiary’s payment service provider) that the Beneficiary’s payment service provider received the amount of the Payment within the appropriate time period described in paragraph 3.10.
7.4 7.5 Under Article 41 of the Regulations, you may be entitled to a refund in certain circumstances where a Payment is initiated by the Beneficiary. It is not anticipated that any Payment will be initiated by a Beneficiary under the Services provided by us pursuant this Schedule.
7.5 7.6 The provisions in this paragraph 7 shall survive termination of this Agreement and any Contract.
7.6 7.7 In some circumstances a number of intermediaries (such as correspondent xxxxxbanks) may be involved in an international transfer of currency, and such intermediaries may charge fees and expenses. The charges will in most cases (but not always) be deducted prior to its delivery. These charges are beyond our control and whilst we will endeavour to minimise these for you wherever possible, those charges cannot therefore be calculated in advance. You hereby acknowledge that you shall be liable for these charges.
Appears in 2 contracts
Samples: Terms and Conditions, Terms and Conditions
LIABILITY FOR PAYMENTS. 7.1 7.1. Subject to the remainder of this paragraph 7, where it is established that:
(a) 7.1.1. a Payment was not authorised by you or was incorrectly initiated or executed by us; and
(b) 7.1.2. you have notified us via the Associated Service Provider Payscanner Ltd and the Associated Service Provider Payscanner Ltd has notified us, without undue delay on becoming aware of the unauthorised or incorrectly executed Payment and in any event no later than 13 months 1 month after the date the Payment was made, we shall refund to you the full amount debited erroneously immediately and the amount debited without authorisation as soon as practicable and in any event no later than the end of the Business Day following the day on which we became aware of the unauthorised Payment, unless we have reasonable grounds to suspect fraud and notify the appropriate authorities.
7.2 7.2. It shall be for you to prove that the Payment was not authenticated by you. Failure to do so will mean that you are not entitled to a refund in accordance with this paragraph 7.
7.3. We shall not be liable for non-execution or defective execution of a Payment which we have made in accordance with a Unique Identifier given to us by you or deemed to have been given by you which proves to be incorrect. However, we shall make efforts to trace any non-executed or defectively executed Payment and notify you of the outcome.
7.3 7.4. We are liable to you under paragraph 7.1 for the correct execution of a Payment unless:
(a) 7.4.1. paragraph 7.2 7.3 applies; or
(b) 7.4.2. we can prove to you (and where relevant, to the Beneficiary’s payment service provider) that the Beneficiary’s payment service provider received the amount of the Payment within the appropriate time period described in paragraph 3.103.9.
7.4 7.5. Under Article 41 Regulation 92 of the Regulations, you may be entitled to a refund in certain circumstances where a Payment is initiated by the Beneficiary. It is not anticipated that any Payment will be initiated by a Beneficiary under the Services provided by us pursuant this Schedule.
7.5 7.6. The provisions in this paragraph 7 shall survive termination of this Agreement and any Contract.
7.6 7.7. In some circumstances a number of intermediaries (such as correspondent xxxxxbanks) may be involved in an international transfer of currency, and such intermediaries may charge fees and expenses. The charges will in most cases (but not always) be deducted prior to its delivery. These charges are beyond our control and whilst we will endeavour to minimise these for you wherever possible, those charges cannot therefore be calculated in advance. You hereby acknowledge that you shall be liable for these charges.
Appears in 1 contract
Samples: Terms and Conditions
LIABILITY FOR PAYMENTS. 7.1 7.1. Subject to the remainder of this paragraph 7, where it is established that:
(a) 7.1.1. a Payment was not authorised by you or was incorrectly initiated or executed by us; and
(b) 7.1.2. you have notified us via the Associated Service Provider and the Associated Service Provider has notified us, without undue delay on becoming aware of the unauthorised or incorrectly executed Payment and in any event no later than 13 months 1 month after the date the Payment was made, we shall refund to you the full amount debited erroneously immediately and the amount debited without authorisation as soon as practicable and in any event no later than the end of the Business Day following the day on which we became aware of the unauthorised Payment, unless we have reasonable grounds to suspect fraud and notify the appropriate authorities.
7.2 7.2. It shall be for you to prove that the Payment was not authenticated by you. Failure to do so will mean that you are not entitled to a refund in accordance with this paragraph 7.
7.3. We shall not be liable for non-execution nonexecution or defective execution of a Payment which we have made in accordance with a Unique Identifier given to us by you or deemed to have been given by you which proves to be incorrect. However, we shall make efforts to trace any non-executed or defectively executed Payment and notify you of the outcome.
7.3 7.4. We are liable to you under paragraph 7.1 for the correct execution of a Payment unless:
(a) 7.4.1. paragraph 7.2 7.3 applies; or
(b) 7.4.2. we can prove to you (and where relevant, to the Beneficiary’s payment service provider) that the Beneficiary’s payment service provider received the amount of the Payment within the appropriate time period described in paragraph 3.103.9.
7.4 7.5. Under Article 41 Regulation 92 of the Regulations, you may be entitled to a refund in certain circumstances where a Payment is initiated by the Beneficiary. It is not anticipated that any Payment will be initiated by a Beneficiary under the Services provided by us pursuant to this Schedule.
7.5 7.6. The provisions in this paragraph 7 shall survive termination of this Agreement and any Contract.
7.6 7.7. In some circumstances a number of intermediaries (such as correspondent xxxxxbanks) may be involved in an international transfer of currency, and such intermediaries may charge fees and expenses. The charges will in most cases (but not always) be deducted prior to its delivery. These charges are beyond our control and whilst we will endeavour to minimise these for you wherever possible, those charges cannot therefore be calculated in advance. You hereby acknowledge that you shall be liable for these charges.
Appears in 1 contract
Samples: Terms and Conditions
LIABILITY FOR PAYMENTS. 7.1 Subject to 24.1 Where the remainder of this paragraph 7, where it is established that:
(a) Client notifies Argentex that a Payment was not authorised by you the Client or was incorrectly initiated or executed by us; andXxxxxxxx, Argentex shall, as soon as practicable after we become aware, refund the amount of the Payment together with all fees and otherwise restore the Client’s account to the state it was in before the Payment was made. Argentex shall make the refund as soon as practicable after it is notified about the Payment, and in any event within three (3) Working Days, unless it reasonably suspects fraud. The refund in 24.1 shall also not apply in the particular circumstances included in Clause 24.2.
24.2 Argentex will not provide a refund:
(a) where the Client has been grossly negligent in carrying out a Payment Order or has acted fraudulently;
(b) you have notified for an incorrectly executed payment if the Client provided us via with incorrect payment details; or
(c) if the Associated Service Provider Client does not notify Argentex without delay and in any case, no later than within six (6) months from the Associated Service Provider has notified us, without undue delay on becoming aware date of the unauthorised or incorrectly executed Payment.
24.3 Notwithstanding Clauses 24.1 and 24.2 (save where the Client acted grossly negligent or fraudulently):
(a) if the Client gave Argentex an incorrect Unique Identifier for a Payment and in any event no later than 13 months after the date the Payment that was made, we shall refund Argentex will make reasonable efforts to you recover the full amount debited erroneously immediately Payment. Argentex may charge the Client its reasonable costs for doing this.
(b) If Argentex is unable to recover the Payment and it was made within the amount debited without authorisation as soon as practicable and UAE, UK or through SEPA, the Client can ask us, in any event no later than writing, to provide all the end of the Business Day following the day on which we became aware of the unauthorised Payment, unless information we have reasonable grounds to suspect fraud and notify received about the appropriate authoritiesrecipient.
7.2 We shall not be liable for non-execution (c) In the case of any incorrect or defective execution of a Payment which we have made in accordance with a Unique Identifier given to us by you or deemed to have been given by you which proves to be incorrect. Howevermisdirected Payment, we shall make reasonable efforts to trace any non-executed or defectively executed the Payment and notify you the Client of the outcome, even if the Client is not entitled to a refund.
7.3 We are liable to you under paragraph 7.1 for 24.4 Argentex will treat the correct execution use of the Client's or an Authorised Person’s Security Details as evidence either that a Payment unless:was authorised or that the Client or Authorised Person failed to keep their Security Details safe.
24.5 Should a Payment be delayed (aunless Argentex declined a Payment Order), Argentex will use reasonable efforts to assist the Client to avoid charges (related to late receipt of Payment) paragraph 7.2 applies; or
(b) we can prove to you (being incurred and where relevant, to thus may ask the Beneficiary's account provider to treat the Payment as if it were received on time should the Client make this request.
24.6 If the Client receives a Payment from outside the UAE or from within the UAE in a currency other than UAE dirhams, the bank of the person who sent it may have used an intermediary (such as another bank) to make the payment. The intermediary’s payment service provider) that the Beneficiary’s payment service provider received charges may be deducted from the amount of the Payment within (either by the appropriate time period described in paragraph 3.10intermediary, by Argentex or by both) so that the Client may receive a nett amount that may be less than expected.
7.4 Under Article 41 24.7 If the Client makes a Payment outside the UAE or in a currency other than UAE dirhams, Argentex may use an intermediary to make the Payment. The intermediary may take their charges from the amount of the Regulations, you Payment. Argentex have no control over these charges. This means the Beneficiary may be entitled to a refund in certain circumstances where a Payment is initiated by the Beneficiary. It is not anticipated that any Payment will be initiated by a Beneficiary under the Services provided by us pursuant this Schedulereceive less money than expected.
7.5 The provisions in this paragraph 7 shall survive termination of this Agreement and any Contract.
7.6 24.8 In some circumstances a number of intermediaries cases, the Client can choose to pay all the charges (such as correspondent xxxxx) may be involved in an international transfer of currency, and such intermediaries may charge fees and expenses. The charges will in most cases (but not always) be deducted prior or for the Beneficiary to its delivery. These charges are beyond our control and whilst we will endeavour to minimise these for you wherever possible, those charges cannot therefore be calculated in advance. You hereby acknowledge that you shall be liable for these pay the charges).
Appears in 1 contract
Samples: Terms and Conditions
LIABILITY FOR PAYMENTS. 7.1 12.1 Subject to the remainder of this paragraph 7clause 12, where it is established that:
(a) a Payment was not authorised by you or was incorrectly initiated or executed by us; and
(b) you have notified us via by email using the Associated Service Provider and the Associated Service Provider has notified usemail address set out in clause 1.3, without undue delay on becoming aware of the unauthorised or incorrectly executed Payment and in any event event:
(1) if you are a Micro-Enterprise or a Charity, no later than 13 months after the date the Payment was made,
(2) if you are not a Micro-Enterprise or a Charity, no later than one month after the date the Payment was made, we shall refund to you the full amount debited erroneously immediately and the amount debited without authorisation as soon as practicable and in any event no later than the end of the Business Day following the day on which we became aware of the unauthorised Payment, unless we have reasonable grounds to suspect fraud and notify the appropriate authorities.
7.2 12.2 Where you are not a Micro-Enterprise or a Charity, it shall be for you to prove that the Payment was not authenticated by you or one of your Authorised Persons. Failure to do so will mean that you are not entitled to a refund in accordance with this clause 12.
12.3 You will be liable for:
(a) all losses incurred in respect of unauthorised Payments made by us if you have acted fraudulently, or have intentionally or with gross negligence not complied with your obligations under clause 11.1, and 11.2;
(b) if you are not a Micro-Enterprise or a Charity, all losses incurred in respect of unauthorised Payments made by us if you have failed to comply within your obligations under Clause 11.1 and 11.2; and
(c) where paragraph (a) and (b) does not apply, up to £35 of any losses incurred in respect of unauthorised Payments arising where you have failed to keep the Platform safe in accordance with clause 11.1 and 11.2 except where:
(1) the failure to keep the Platform safe was not detectable by you prior to the Payment, except where you have acted fraudulently; or
(2) if the loss was caused by acts or omissions of an employee, agent or branch of ours or of an entity which carried out activities on our behalf.
12.4 Except where you have acted fraudulently, you will not be liable for any losses incurred in respect of unauthorised Payments where:
(a) you notified us in writing, without undue delay before the unauthorised Payment took place, on becoming aware of the misappropriation of the Platform which resulted in the aforementioned loss; or
(b) we have failed to provide appropriate means for notification of the misappropriation of the Platform.
12.5 We shall not be liable for non-execution or defective execution of a Payment which we have made in accordance with a Unique Identifier given to us by you or deemed to have been given by you which proves to be incorrect. However, we shall make efforts to trace any non-executed or defectively executed Payment and notify you of the outcome.
7.3 12.6 We are liable to you under paragraph 7.1 clause 12.1 for the correct execution of a Payment unless:
(a) paragraph 7.2 clause 12.5 applies; or
(b) we can prove to you (and where relevant, to the Beneficiary’s payment service provider) that the Beneficiary’s payment service provider received the amount of the Payment within the appropriate time period described in paragraph 3.10clause 8.11.
7.4 12.7 Under Article 41 Regulation 92 of the Regulations, you may be entitled to a refund in certain circumstances where a Payment is initiated by the Beneficiary. It is not anticipated that any Payment will be initiated by a Beneficiary under the any Services provided by us pursuant this Scheduleus.
7.5 12.8 The provisions in this paragraph 7 clause 12 shall survive termination of this Agreement and any Contract.
7.6 12.9 In some circumstances a number of intermediaries (such as correspondent xxxxxbanks) may be involved in an international transfer of currency, and such intermediaries may charge fees and expenses. The charges will in most cases (but not always) be deducted prior to its delivery. These charges are beyond our control and whilst we will endeavour to minimise these for you wherever possible, those charges cannot therefore be calculated in advance. You hereby acknowledge that you shall be liable for these charges.
Appears in 1 contract
Samples: Representative Service Agreement
LIABILITY FOR PAYMENTS. 7.1 Subject to the remainder of this paragraph 7, where it is established that:
(a) a Payment was not authorised by you or was incorrectly initiated or executed by us; and
(b) you have notified us via the Associated Service Provider and the Associated Service Provider has notified usby email to xxxxxxx@xxxx.xxx, without undue delay on becoming aware of the unauthorised or incorrectly executed Payment and in any event no later than 13 months one month after the date the Payment was made, we shall refund to you the full amount debited erroneously immediately and the amount debited without authorisation as soon as practicable and in any event no later than the end of the Business Day following the day on which we became aware of the unauthorised Payment, unless we have reasonable grounds to suspect fraud and notify the appropriate authorities.
7.2 it shall be for you to prove that the Payment was not authenticated by you. Failure to do so will mean that you are not entitled to a refund in accordance with this paragraph 7.
7.3 We shall not be liable for non-execution or defective execution of a Payment which we have made in accordance with a Unique Identifier given to us by you or deemed to have been given by you which proves to be incorrect. However, we shall make efforts to trace any non-executed or defectively executed Payment and notify you of the outcome.
7.3 7.4 We are liable to you under paragraph 7.1 for the correct execution of a Payment unless:
(a) paragraph 7.2 7.3 applies; or
(b) we can prove to you (and where relevant, to the Beneficiary’s payment service provider) that the Beneficiary’s payment service provider received the amount of the Payment within the appropriate time period described in paragraph 3.10.
7.4 7.5 Under Article 41 Regulation 92 of the Regulations, you may be entitled to a refund in certain circumstances where a Payment is initiated by the Beneficiary. It is not anticipated that any Payment will be initiated by a Beneficiary under the Services provided by us pursuant this Schedule.
7.5 7.6 The provisions in this paragraph 7 shall survive termination of this Agreement and any Contract.
7.6 7.7 In some circumstances a number of intermediaries (such as correspondent xxxxx) may be involved in an international transfer of currency, and such intermediaries may charge fees and expenses. The charges will in most cases (but not always) be deducted prior to its delivery. These charges are beyond our control and whilst we will endeavour to minimise these for you wherever possible, those charges cannot therefore be calculated in advance. You hereby acknowledge that you shall be liable for these charges.
Appears in 1 contract
Samples: Terms and Conditions
LIABILITY FOR PAYMENTS. 7.1 Subject to the remainder of this paragraph 7, where it is established that:
(a) a Payment was not authorised by you or was incorrectly initiated or executed by us; and
(b) you have notified us via the Associated Service Provider and the Associated Service Provider has notified usby email to xxxxxxx@xxxx.xxx, without undue delay on becoming aware of the unauthorised or incorrectly executed Payment and in any event no later than 13 months one month after the date the Payment was made, we shall refund to you the full amount debited erroneously immediately and the amount debited without authorisation as soon as practicable and in any event no later than the end of the Business Day following the day on which we became aware of the unauthorised Payment, unless we have reasonable grounds to suspect fraud and notify the appropriate authorities.
7.2 It shall be for you to prove that the Payment was not authenticated by you. Failure to do so will mean that you are not entitled to a refund in accordance with this paragraph 7.
7.3 We shall not be liable for non-execution or defective execution of a Payment which we have made in accordance with a Unique Identifier given to us by you or deemed to have been given by you which proves to be incorrect. However, we shall make efforts to trace any non-executed or defectively executed Payment and notify you of the outcome.
7.3 7.4 We are liable to you under paragraph 7.1 for the correct execution of a Payment unless:
(a) paragraph 7.2 7.3 applies; or
(b) we can prove to you (and where relevant, to the Beneficiary’s payment service provider) that the Beneficiary’s payment service provider received the amount of the Payment within the appropriate time period described in paragraph 3.10.
7.4 7.5 Under Article 41 of the Regulations, you may be entitled to a refund in certain circumstances where a Payment is initiated by the Beneficiary. It is not anticipated that any Payment will be initiated by a Beneficiary under the Services provided by us pursuant this Schedule.
7.5 7.6 The provisions in this paragraph 7 shall survive termination of this Agreement and any Contract.
7.6 7.7 In some circumstances a number of intermediaries (such as correspondent xxxxx) may be involved in an international transfer of currency, and such intermediaries may charge fees and expenses. The charges will in most cases (but not always) be deducted prior to its delivery. These charges are beyond our control and whilst we will endeavour to minimise these for you wherever possible, those charges cannot therefore be calculated in advance. You hereby acknowledge that you shall be liable for these charges.
Appears in 1 contract
Samples: Terms and Conditions
LIABILITY FOR PAYMENTS. 7.1 7.1. Subject to the remainder of this paragraph 7, where it is established that:
(a) 7.1.1. a Payment was not authorised by you or was incorrectly initiated or executed by us; and
(b) you 0.0.0. xxx have notified us via the The Associated Service Provider and the The Associated Service Provider has notified us, without undue delay on becoming aware of the unauthorised or incorrectly executed Payment and in any event no later than 13 months after the date the Payment was made, made we shall refund to you the full amount debited erroneously immediately and the amount debited without authorisation as soon as practicable and in any event no later than the end of the Business Day following the day on which we became aware of the unauthorised Payment, unless we have reasonable grounds to suspect fraud and notify the appropriate authorities.
7.2 7.2. We shall not be liable for non-execution nonexecution or defective execution of a Payment which we have made in accordance with a Unique Identifier given to us by you or deemed to have been given by you which proves to be incorrect. However, we shall make efforts to trace any non-executed nonexecuted or defectively executed Payment and notify you of the outcome.
7.3 7.3. We are liable to you under paragraph 7.1 for the correct execution of a Payment unless:
(a) paragraph : 7.3.1.paragraph 7.2 applies; or
(b) we can prove to you (and where relevant, to the Beneficiary’s payment service provider) that the Beneficiary’s payment service provider received the amount of the Payment or within the appropriate time period described in paragraph 3.10.
7.4 7.4. Under Article 41 Regulation 92 of the Regulations, you may be entitled to a refund in certain circumstances where a Payment is initiated by the Beneficiary. It is not anticipated that any Payment will be initiated by a Beneficiary under the Services provided by us pursuant to this Schedule.
7.5 7.5. The provisions in this paragraph 7 shall survive termination of this Agreement and any Contract.
7.6 7.6. In some circumstances a number of intermediaries (such as correspondent xxxxxbanks) may be involved in an international transfer of currency, and such intermediaries may charge fees and expenses. The charges will in most cases (but not always) be deducted prior to its delivery. These charges are beyond our control and whilst we will endeavour to minimise these for you wherever possible, those charges cannot therefore be calculated in advance. You hereby acknowledge that you shall be liable for these charges.
Appears in 1 contract
Samples: Terms and Conditions
LIABILITY FOR PAYMENTS. 7.1 12.1 Subject to the remainder of this paragraph 7clause 12, where it is established that:
(a) a Payment was not authorised by you or was incorrectly initiated or executed by us; and
(b) you have notified us via by email using the Associated Service Provider and the Associated Service Provider has notified usemail address set out in clause 1.3, without undue delay on becoming aware of the unauthorised or incorrectly executed Payment and in any event no later than 13 months one month after the date the Payment was madefunds were debited, we shall refund to you the full amount debited erroneously immediately and the amount debited without authorisation as soon as practicable and in any event no later than the end of the Business Day following the day on which we became aware of or were informed about the unauthorised Payment, unless we have reasonable grounds to suspect fraud and notify the appropriate authoritiessupervisory authority in writing.
7.2 12.2 It shall be for you to prove that the Payment was not authenticated by you or one of your Authorised Persons. Failure to do so will mean that you are not entitled to a refund in accordance with this clause 12.
12.3 You will be liable for:
(a) all losses incurred in respect of unauthorised Payments made by us if you have acted fraudulently, or have intentionally or with gross negligence not complied with your obligations under clause 11.1, and 11.2;
(b) all losses incurred in respect of unauthorised Payments made by us if you have failed to comply within your obligations under Clause 11.1 and 11.2; and
(c) where paragraph (a) and (b) does not apply, up to EUR 50 of any losses incurred in respect of unauthorised Payments arising where your access to the Platform was lost, stolen or unlawfully appropriated except where:
(1) the loss, theft or unlawful appropriation of your access to the Platform was not detectable by you prior to the Payment, except where you have acted fraudulently; or
(2) if the loss was caused by acts or omissions of Transactive or an employee, agent or branch of ours or of an entity which carried out activities on our behalf.
12.4 You shall not be liable for any losses resulting from unauthorised Payments which took place after you notify us in writing on becoming aware of the misappropriation of the Platform, except where you have acted fraudulently. As regards losses resulting from unauthorised Payments which took place before you notify us in writing on becoming aware of the misappropriation of the Platform, other rules established in clause 12 shall apply.
12.5 You shall not be liable for any losses resulting from unauthorised Payments where we have failed to provide appropriate means for notification at all times of the misappropriation of the Platform, except where you have acted fraudulently.
12.6 We shall not be liable for non-execution or defective execution of a Payment which we have made in accordance with a Unique Identifier given to us by you or deemed to have been given by you which proves to be incorrect. However, we shall make efforts to trace any non-executed or defectively executed Payment and notify you seek to recover the funds of the outcomePayment.
7.3 12.7 We are liable to you under paragraph 7.1 clause 12.1 for the correct execution of a Payment unless:
(a) paragraph 7.2 clause 12.6 applies; or
(b) we can prove to you (and where relevant, to the Beneficiary’s payment service provider) that the Beneficiary’s payment service provider received the amount of the Payment within the appropriate time period described in paragraph 3.10clause 8.11.
7.4 12.8 Under Article 41 of the RegulationsLaw on Payments of the Republic of Lithuania, you may be entitled to a refund in certain circumstances where a Payment is initiated by the Beneficiary. It is not anticipated that any Payment will be initiated by a Beneficiary under the any Services provided by us pursuant this Scheduleus.
7.5 12.9 The provisions in this paragraph 7 clause 12 shall survive termination of this Agreement and any Contract.
7.6 12.10 In some circumstances a number of intermediaries (such as correspondent xxxxx) may be involved in an international transfer of currency, and such intermediaries may charge fees and expenses. The charges will in most cases (but not always) be deducted prior to its delivery. These charges are beyond our control and whilst we will endeavour to minimise these for you wherever possible, those charges cannot therefore be calculated in advance. You hereby acknowledge that you shall be liable for these charges.
Appears in 1 contract
Samples: Representative Service Agreement
LIABILITY FOR PAYMENTS. 7.1 12.1 Subject to the remainder of this paragraph 7clause 12, where it is established that:
(a) a Payment was not authorised by you or was incorrectly initiated or executed by us; and
(b) you have notified us via by email using the Associated Service Provider and the Associated Service Provider has notified usemail address set out in clause 1.3, without undue delay on becoming aware of the unauthorised or incorrectly executed Payment and in any event no later than 13 months one month after the date the Payment was madefunds were debited, we shall refund to you the full amount debited erroneously immediately and the amount debited without authorisation as soon as practicable and in any event no later than the end of the Business Day following the day on which we became aware of or were informed about the unauthorised Payment, unless we have reasonable grounds to suspect fraud and notify the appropriate authoritiessupervisory authority in writing.
7.2 12.2 It shall be for you to prove that the Payment was not authenticated by you or one of your Authorised Persons, however, Cidrus Money puts the best effort to contribute and for this purpose will check the Platform data, technical connection parameters, and other relevant data. Failure to prove that the Payment was not authenticated by you or one of your Authorised Persons will mean that you are not entitled to a refund in accordance with this clause 12.
12.3 You will be liable for:
(a) all losses incurred in respect of unauthorised Payments made by us if you have acted fraudulently;
(b) all losses incurred in respect of unauthorised Payments made by us if you have failed to comply within your obligations under Clause 11.1 and 11.2; and
12.4 You shall not be liable for any losses resulting from unauthorised Payments which took place after you notify us in writing on becoming aware of the misappropriation of the Platform, except where you have acted fraudulently. As regards losses resulting from unauthorised Payments which took place before you notify us in writing on becoming aware of the misappropriation of the Platform, other rules established in clause 12 shall apply.
12.5 You shall not be liable for any losses resulting from unauthorised Payments where we have failed to provide appropriate means for notification at all times of the misappropriation of the Platform, except where you have acted fraudulently.
12.6 We shall not be liable for non-execution or defective execution of a Payment which we have made in accordance with a Unique Identifier given to us by you or deemed to have been given by you which proves to be incorrect. However, we shall make efforts to trace any non-executed or defectively executed Payment and notify you seek to recover the funds of Payment. Cidrus Money shall have a right to apply fee with respect to the outcomeClient for recovering the funds. If such fee is to be applied, it will be included in the Fee Schedule in the Special Terms.
7.3 12.7 We are liable to you under paragraph 7.1 clause 12.1 for the correct execution of a Payment unless:
(a) paragraph 7.2 clause 12.6 applies; or
(b) we can prove to you (and where relevant, to the Beneficiary’s payment service provider) that the Beneficiary’s payment service provider received the amount of the Payment within the appropriate time period described in paragraph 3.10clause 8.11.
7.4 Under Article 41 of the Regulations, you may be entitled to a refund in certain circumstances where a Payment is initiated by the Beneficiary. It is not anticipated that any Payment will be initiated by a Beneficiary under the Services provided by us pursuant this Schedule.
7.5 12.8 The provisions in this paragraph 7 clause 12 shall survive termination of this Agreement and any ContractAgreement.
7.6 12.9 In some circumstances a number of intermediaries (such as correspondent xxxxx) may be involved in an international transfer of currency, and such intermediaries may charge fees and expenses. The charges will in most cases (but not always) be deducted prior to its delivery. These charges are beyond our control and whilst we will endeavour to minimise these for you wherever possible, those charges cannot therefore be calculated in advance. You hereby acknowledge that you shall be liable for these charges.
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