Liability of the Parties. 15.1. Each Party is liable for all fines, forfeits and other losses which the other Party incurs due to violation of the Agreement by the guilty Party. The guilty Party undertakes to reimburse direct damages incurred due to such liability to the affected Party. 15.2. The liability of the Parties is established in accordance with the laws and case law of the courts of the Republic of Lithuania. payswix is not liable for the Client’s losses resulted through the Client’s fault and / or from lawful actions of the Client’s customers (i.e. for the goods and services that the Client sell, supply, provide or receive, including without limitation for the quality, performance, safety and legality of such goods or services, as well as for their actual delivery). 15.3. Nothing in this Agreement shall operate to exclude liability for death or personal injury due to negligence or for fraud or fraudulent misrepresentation or for any statutory liability that cannot be excluded or amended by agreement between the Parties. 15.4. payswix shall not be liable for any indirect or consequential losses including but not limited to loss of profit, loss of business and loss of reputation, unless otherwise expressly indicated in the laws. 15.5. payswix shall only be liable for direct damages caused by direct and essential breach of the Agreement made by payswix, and only for damages which could have been foreseen by payswix at the time of breaching of the agreement: 15.5.1. the amount of compensation for damages caused by violating the Agreement by payswix shall not exceed the average of Commission fees for the last 3 (three) months paid to payswix by the Client for provided Services. This restriction is applied for the total amount of all violations of the month. In case the average of 3 (three) months cannot be calculated, the compensation cannot exceed EUR 2,000 (two thousand); 15.5.2. in all cases, payswix shall not be liable for non-receipt of profit and income by the Client, loss of reputation of the Client, loss or failure of Client's business, and indirect damages; 15.5.3. limitations of payswix liability shall not be applied if such limitations are prohibited by the applicable law. 15.6. payswix shall be liable for direct losses of the Client occurred due to unauthorized or incorrectly executed Payment operations (due to payswix error) only if the Client notifies payswix on becoming aware of any such Payment operation giving rise to a claim and no later than within 3 (three) months after the debit date, save for the cases in this Agreement that explicitly indicates Client’s liability. If the Client does not submit this notification within the indicated time period, it is considered that Client has unconditionally agreed to the Payment operation, that has been executed on the Client’s payswix account. 15.7. payswix shall be liable for direct losses occurred after Client’s notification to payswix under Clause 8.5 of the Agreement. 15.8. payswix does not guarantee uninterrupted System operation, because System operation may be influenced (disordered) by many factors beyond control of payswix. payswix shall put all efforts to secure as fluent System operation as possible, however, payswix shall not be liable for consequences originating due to System operation disorders if such disorders occur not due to the fault of payswix. 15.9. Cases, when payswix limits access to the System temporarily, but not longer than for 24 (twenty-four) hours, due to the System repair, development works and other similar cases, and if payswix informs the Client about such cases at least 2 (two) calendar days in advance, shall not be considered System operation disorders. 15.10. payswix is not liable for: 00.00.0. xxxxx withdrawal and transfer from the payswix account and for other Payment operations with funds held on the Client's payswix account if the Client had not protected its Security credentials, and as a result they have become known to other persons, and also for illegal actions and operations of third persons performed using counterfeited and / or illegal documents or illegally received data; 15.10.2. errors and late or missed transactions made by PSPs, billing systems and other third parties for whose actions payswix is not responsible; 15.10.3. consequences arising due to disturbances of fulfilment of any payswix obligations caused by a third party which is beyond control of payswix; 15.10.4. consequences arising after payswix legally terminates the Agreement, cancels Client’s payswix account or limits access to it, also after reasonable limitation/termination of provision of a part of the Services; 15.10.5. goods and services purchased using payswix account, and also for other party, which receives payments from the payswix account, not complying with terms of any agreement; 15.10.6. for assessment and payment of any taxes, duties and other relevant charges that may arise from the Client’s activity with the use of the payswix account or the Services. The Client is solely responsible for assessment and payment of any tax obligations and other relevant duties and charges whatsoever; 15.10.7. for a failure to fulfil its own contractual obligations and damages in case it was caused due to payswix fulfilling duties determined by the law. 15.11. If the Payment operation is executed in the currency of a member country to / from a foreign country or in the currency of a foreign country, the Client bears all the losses incurred due to the usage of a lost or stolen payment instrument; illegal acquisition of a Payment instrument if the client had not protected Security credentials. 15.12. The Client bears any losses incurred due to: (i) the usage of a lost or stolen Payment instrument or (ii) illegal acquisition of Payment instrument. The Client also bears any the losses incurred due to unauthorised Payment operations if the Client has suffered the losses as a result of acting dishonestly or due to its gross negligence or intentionally not fulfilling one or several of the duties indicated below: 00.00.0. xx comply with the rules regulating issuance and usage of the Payment instrument and / or the Account provided in the Agreement or its supplements, when using the Payment instrument and / or the Account; 00.00.0. xx notify the Company immediately as prescribed in the Clause 8.5 of the Agreement; 00.00.0. xx undertake all possible measures to protect Security credentials of the Payment instrument and / or the Account. 15.13. Where the Client denies having authorised an executed Payment operation or claim that the Payment operation was not correctly executed, the burden shall be on the Client to prove that the Payment operation was not authenticated, was affected by a technical breakdown or some other deficiency of the System. 15.14. The Party is relieved from the liability for failure to comply with the Agreement in case the Party proves that the Agreement has not been properly executed due to circumstances of force majeure which are proven in accordance with the procedure established by the law. The Client shall notify payswix by means established in Section 10 of the Agreement about the force majeure within 10 (ten) calendar days after the day of occurrence of such circumstances. payswix shall notify the Client by means established in Section 10 of the Agreement about force majeure circumstances within 7 (seven) calendar days after the day of occurrence of such circumstances.
Appears in 3 contracts
Samples: General Payment Service Agreement, General Payment Service Agreement, General Payment Service Agreement
Liability of the Parties. 15.113.1. Each Party party is liable for all fines, forfeits and other losses which the other Party party incurs due to violation of the Agreement agreement by the guilty Partyparty. The guilty Party party undertakes to reimburse direct damages damage incurred due to such liability to the affected Partyparty.
15.213.2. The liability of the Parties is established in accordance with the laws and case law of the courts of the Republic of Lithuania. payswix E2E is not liable for the Client’s losses resulted through the Client’s fault and / or and/or from lawful actions of the Client’s customers (i.e. for the goods and services that the Client sell, supply, provide or receive, including without limitation for the quality, performance, safety and legality of such goods or services, as well as for their actual delivery)Customer.
15.313.3. Nothing in this Agreement shall operate to exclude liability for death or personal injury due to negligence or for fraud or fraudulent misrepresentation or for any statutory liability that cannot be excluded or amended by agreement between the Partiesparties.
15.413.4. payswix We shall not be liable for any indirect or consequential losses including but not limited to loss of profit, loss of business and loss of reputation, unless otherwise expressly indicated in the laws.
15.513.5. payswix E2E shall only be liable for direct damages caused by direct and essential breach of the Agreement agreement made by payswixE2E, and only for damages which could have been foreseen by payswix E2E at the time of breaching of the agreement:;
15.5.113.5.1. the amount of compensation for damages caused by violating the Agreement agreement by payswix E2E shall not exceed the average of Commission commission fees for the last 3 (three) months paid to payswix E2E by the Client for provided Servicesservices. This restriction is applied for the total amount of all violations of the month. In case the average of 3 (three) months cannot be calculated, the compensation cannot exceed EUR 2,000 (two thousand);
15.5.213.5.2. in all cases, payswix E2E shall not be liable for non-receipt of profit and income by the Client, loss of reputation of the Client, loss or failure of Client's business, and indirect damages;
15.5.313.5.3. limitations of payswix E2E liability shall not be applied if such limitations are prohibited by the applicable law.
15.613.5.4. payswix shall be liable for direct losses of the Client occurred due to unauthorized or incorrectly executed Payment operations (due to payswix error) only if the Client notifies payswix on becoming aware of any such Payment operation giving rise to a claim and no later than within 3 (three) months after the debit date, save for the cases in this Agreement that explicitly indicates Client’s liability. If the Client does not submit this notification within the indicated time period, it is considered that Client has unconditionally agreed to the Payment operation, that has been executed on the Client’s payswix account.
15.7. payswix shall be liable for direct losses occurred after Client’s notification to payswix under Clause 8.5 of the Agreement.
15.8. payswix E2E does not guarantee uninterrupted System system operation, because System system operation may be influenced (disordered) by many factors beyond control of payswix. payswix X0X. X0X shall put all efforts to secure as fluent System system operation as possible, however, payswix E2E shall not be liable for consequences originating due to System system operation disorders if such disorders occur not due to the fault of payswix.E2E.
15.913.6. The system may not operate due to reasons under control of E2E and E2E shall not provide any compensation for malfunctions which do not depend on the actions of E2E.
13.7. Cases, when payswix E2E limits access to the System system temporarily, but not longer than for 24 (twenty-four) hours, due to the System system repair, development works and other similar cases, and if payswix E2E informs the Client about such cases at least 2 (two) calendar days in advance, shall not be considered System system operation disorders.
15.1013.8. payswix E2E is not liable for:
00.00.013.8.1. xxxxx money withdrawal and transfer from the payswix E2E account and for other Payment payment operations with funds held on the Client's payswix E2E account if the Client had not protected its Security credentialspasswords and identification instruments, and as a result they have become known to other persons, and also for illegal actions and operations of third persons performed using counterfeited and / or and/or illegal documents or illegally received data;
15.10.213.8.2. errors and late or missed transactions made by PSPsbanks, billing systems and other third parties for whose actions payswix is not responsibleparties;
15.10.313.8.3. consequences arising due to disturbances of fulfilment of any payswix E2E obligations caused by a third party which is beyond control of payswixE2E;
15.10.413.8.4. consequences arising after payswix E2E legally terminates the Agreementagreement, cancels Client’s payswix account or limits access to it, also after reasonable limitation/termination of provision of a part of the Servicesservices;
15.10.513.8.5. goods and services purchased using payswix E2E account, and also for other party, which receives payments from the payswix E2E account, not complying with terms of any agreement;
15.10.6. for assessment and payment of any taxes, duties and other relevant charges that may arise from the Client’s activity with the use of the payswix account or the Services. The Client is solely responsible for assessment and payment of any tax obligations and other relevant duties and charges whatsoever;
15.10.713.8.6. for a failure to fulfil its own contractual obligations and damages in case it was caused due to payswix E2E fulfilling duties determined by the law.
15.1113.9. The Client assures that all actions of the Client related to the execution of the agreement will comply with the applicable law.
13.10. The Client is fully liable for correctness of data, orders and documents submitted to E2E.
13.11. If the Payment payment operation is executed in the currency of a member country to / to/from a foreign country or in the currency of a foreign country, the Client bears all the losses incurred due to the usage of a lost or stolen payment instrument; illegal acquisition of a Payment payment instrument if the client had not protected Security credentials.personalised security features (including identity confirmation instruments)
15.1213.12. The Client bears any losses incurred due to: (i) the usage of a lost or stolen Payment instrument or (ii) illegal acquisition of Payment instrument. The Client also bears any the losses incurred due to unauthorised Payment payment operations if the Client has suffered the losses as a result of acting dishonestly or due to its gross negligence or intentionally not fulfilling one or several of the duties indicated below:
00.00.013.12.1. xx to comply with the rules regulating issuance and usage of the Payment payment instrument and / or the Account provided in the Agreement present agreement or its supplements, when using the Payment instrument payment instrument;
13.12.2. if the Client finds out about a loss, theft, illegal acquisition or unauthorised usage of the payment instrument, about facts and / suspicions that personalised security features of its payment instruments have become known to or can be used by third persons, the Client shall notify E2E or the Accountsubject indicated by E2E immediately, in accordance with the rules regulating issuance and usage of the payment instrument provided in the present agreement and its supplements;
00.00.013.12.3. xx notify the Company immediately as prescribed in the Clause 8.5 of the Agreement;
00.00.0. xx to undertake all possible measures to protect Security credentials personalised security features of the Payment instrument and / or the Account.payment
15.13. Where the Client denies having authorised an executed Payment operation or claim that the Payment operation was not correctly executed, the burden shall be on the Client to prove that the Payment operation was not authenticated, was affected by a technical breakdown or some other deficiency of the System.
15.1413.13. The Party party is relieved from the liability for failure to comply with the Agreement agreement in case the Party party proves that the Agreement agreement has not been properly executed due to circumstances of force majeure which are proven in accordance with the procedure established by the law. The Client shall notify payswix by means established in Section 10 of the Agreement E2E about the force majeure in writing within 10 (ten) calendar days after the day of occurrence of such circumstances. payswix E2E shall notify the Client by means established in Section 10 of the Agreement about force majeure circumstances within 7 (seven) calendar days after via email or websites of the day of occurrence of such circumstancessystem.
Appears in 2 contracts
Samples: General Payment Service Agreement, General Payment Service Agreement
Liability of the Parties. 15.113.1. Each Party party is liable for all fines, forfeits and other losses which the other Party party incurs due to violation of the Agreement agreement by the guilty Partyparty. The guilty Party party undertakes to reimburse direct damages damage incurred due to such liability to the affected Partyparty.
15.213.2. The liability of the Parties is established in accordance with the laws and case law of the courts of the Republic of Lithuania. payswix PAYAPP is not liable for the Client’s losses resulted through the Client’s fault and / or and/or from lawful actions of the Client’s customers (i.e. for the goods and services that the Client sell, supply, provide or receive, including without limitation for the quality, performance, safety and legality of such goods or services, as well as for their actual delivery)PAYAPP.
15.313.3. Nothing in this Agreement shall operate to exclude liability for death or personal injury due to negligence or for fraud or fraudulent misrepresentation or for any statutory liability that cannot be excluded or amended by agreement between the Partiesparties.
15.413.4. payswix We shall not be liable for any indirect or consequential losses including but not limited to loss of profit, loss of business and loss of reputation, unless otherwise expressly indicated in the laws.
15.513.5. payswix PAYAPP shall only be liable for direct damages caused by direct and essential breach of the Agreement agreement made by payswixPAYAPP, and only for damages which could have been foreseen by payswix PAYAPP at the time of breaching of the agreement:;
15.5.113.5.1. the amount of compensation for damages caused by violating the Agreement agreement by payswix PAYAPP shall not exceed the average of Commission commission fees for the last 3 (three) months paid to payswix PAYAPP by the Client for provided Servicesservices. This restriction is applied for the total amount of all violations of the month. In case the average of 3 (three) months cannot be calculated, the compensation cannot exceed EUR 2,000 (two thousandthousand euro);
15.5.213.5.2. in all cases, payswix PAYAPP shall not be liable for non-receipt of profit and income by the Client, loss of reputation of the Client, loss or failure of Client's business, and indirect damages;
15.5.313.5.3. limitations of payswix PAYAPP liability shall not be applied if such limitations are prohibited by the applicable law.;
15.613.5.4. payswix shall be liable for direct losses of the Client occurred due to unauthorized or incorrectly executed Payment operations (due to payswix error) only if the Client notifies payswix on becoming aware of any such Payment operation giving rise to a claim and no later than within 3 (three) months after the debit date, save for the cases in this Agreement that explicitly indicates Client’s liability. If the Client does not submit this notification within the indicated time period, it is considered that Client has unconditionally agreed to the Payment operation, that has been executed on the Client’s payswix account.
15.7. payswix shall be liable for direct losses occurred after Client’s notification to payswix under Clause 8.5 of the Agreement.
15.8. payswix PAYAPP does not guarantee uninterrupted System system operation, because System system operation may be influenced (disordered) by many factors beyond control of payswixPAYAPP. payswix PAYAPP shall put all efforts to secure as fluent System system operation as possible, however, payswix PAYAPP shall not be liable for consequences originating due to System system operation disorders if such disorders occur not due to the fault of payswixPAYAPP.
15.913.6. The system may not operate due to reasons under control of PAYAPP and PAYAPP shall not provide any compensation for malfunctions which do not depend on the actions of PAYAPP.
13.7. Cases, when payswix PAYAPP limits access to the System system temporarily, but not longer than for 24 (twenty-four) hours, due to the System system repair, development works and other similar cases, and if payswix PAYAPP informs the Client about such cases at least 2 (two) calendar days in advance, shall not be considered System system operation disorders.
15.1013.8. payswix PAYAPP is not liable for:
00.00.013.8.1. xxxxx money withdrawal and transfer from the payswix Payment account and for other Payment payment operations with funds held on the Client's payswix Payment account if the Client had not protected its Security credentialspasswords and identification instruments, and as a result they have become known to other persons, and also for illegal actions and operations of third persons performed using counterfeited and / or and/or illegal documents or illegally received data;
15.10.2. errors and late or missed transactions made by PSPs, billing systems and other third parties for whose actions payswix is not responsible;
15.10.3. consequences arising due to disturbances of fulfilment of any payswix obligations caused by a third party which is beyond control of payswix;
15.10.413.8.2. consequences arising after payswix PAYAPP legally terminates the Agreementagreement, cancels Client’s payswix Payment account or limits access to it, also after reasonable limitation/termination of provision of a part of the Servicesservices;
15.10.513.8.3. goods and services purchased using payswix Payment account, and also for other party, which receives payments from the payswix Payment account, not complying with terms of any agreement;
15.10.6. for assessment and payment of any taxes, duties and other relevant charges that may arise from the Client’s activity with the use of the payswix account or the Services. The Client is solely responsible for assessment and payment of any tax obligations and other relevant duties and charges whatsoever;
15.10.713.8.4. for a failure to fulfil its own contractual obligations and damages in case it was caused due to payswix PAYAPP fulfilling duties determined by the law.
15.1113.9. The Client assures that all actions of the Client related to the execution of the agreement will comply with the applicable law.
13.10. The Client is fully liable for correctness of data, orders and documents submitted to PAYAPP.
13.11. If the Payment payment operation is executed in the currency of a member country to / to/from a foreign country or in the currency of a foreign country, the Client bears all the losses incurred due to the usage of a lost or stolen payment instrument; illegal acquisition of a Payment payment instrument if the client had not protected Security credentialspersonalised security features (including identity confirmation instruments).
15.1213.12. The Client bears any losses incurred due to: (i) the usage of a lost or stolen Payment instrument or (ii) illegal acquisition of Payment instrument. The Client also bears any the losses incurred due to unauthorised Payment payment operations if the Client has suffered the losses as a result of acting dishonestly or due to its gross negligence or intentionally not fulfilling one or several of the duties indicated below:
00.00.013.12.1. xx to comply with the rules regulating issuance and usage of the Payment payment instrument and / or the Account provided in the Agreement present agreement or its supplements, when using the Payment instrument payment instrument;
13.12.2. if the Client finds out about a loss, theft, illegal acquisition or unauthorised usage of the payment instrument, about facts and / suspicions that personalised security features of its payment instruments have become known to or can be used by third persons, the Client shall notify PAYAPP or the Accountsubject indicated by PAYAPP immediately, in accordance with the rules regulating issuance and usage of the payment instrument provided in the present agreement and its supplements;
00.00.013.12.3. xx notify the Company immediately as prescribed in the Clause 8.5 of the Agreement;
00.00.0. xx to undertake all possible measures to protect Security credentials personalised security features of the Payment instrument and / or the Accountpayment.
15.13. Where the Client denies having authorised an executed Payment operation or claim that the Payment operation was not correctly executed, the burden shall be on the Client to prove that the Payment operation was not authenticated, was affected by a technical breakdown or some other deficiency of the System.
15.1413.13. The Party party is relieved from the liability for failure to comply with the Agreement agreement in case the Party party proves that the Agreement agreement has not been properly executed due to circumstances of force majeure which are proven in accordance with the procedure established by the law. The Client shall notify payswix by means established in Section 10 of the Agreement PAYAPP about the force majeure in writing within 10 (ten) calendar days after the day of occurrence of such circumstances. payswix PAYAPP shall notify the Client by means established in Section 10 of the Agreement about force majeure circumstances within 7 (seven) calendar days after via email or websites of the day of occurrence of such circumstancessystem.
Appears in 2 contracts
Samples: General Payment Service Agreement, General Payment Service Agreement
Liability of the Parties. 15.113.1. Each Party party is liable for all fines, forfeits and other losses which the other Party party incurs due to violation of the Agreement agreement by the guilty Partyparty. The guilty Party party undertakes to reimburse direct damages damage incurred due to such liability to the affected Partyparty.
15.213.2. The liability of the Parties is established in accordance with the laws and case law of the courts of the Republic of Lithuania. payswix GNI is not liable for the Client’s losses resulted through the Client’s fault and / or and/or from lawful actions of the Client’s customers (i.e. for the goods and services that the Client sell, supply, provide or receive, including without limitation for the quality, performance, safety and legality of such goods or services, as well as for their actual delivery)Customer.
15.313.3. Nothing in this Agreement shall operate to exclude liability for death or personal injury due to negligence or for fraud or fraudulent misrepresentation or for any statutory liability that cannot be excluded or amended by agreement between the Partiesparties.
15.413.4. payswix We shall not be liable for any indirect or consequential losses including but not limited to loss of profit, loss of business and loss of reputation, unless otherwise expressly indicated in the laws.
15.513.5. payswix GNI shall only be liable for direct damages caused by direct and essential breach of the Agreement agreement made by payswixGNI, and only for damages which could have been foreseen by payswix GNI at the time of breaching of the agreement:;
15.5.113.5.1. the amount of compensation for damages caused by violating the Agreement agreement by payswix GNI shall not exceed the average of Commission commission fees for the last 3 (three) months paid to payswix GNI by the Client for provided Servicesservices. This restriction is applied for the total amount of all violations of the month. In case the average of 3 (three) months cannot be calculated, the compensation cannot exceed EUR 2,000 (two thousand);
15.5.213.5.2. in all cases, payswix GNI shall not be liable for non-receipt of profit and income by the Client, loss of reputation of the Client, loss or failure of Client's business, and indirect damages;
15.5.313.5.3. limitations of payswix GNI liability shall not be applied if such limitations are prohibited by the applicable law.
15.613.5.4. payswix shall be liable for direct losses of the Client occurred due to unauthorized or incorrectly executed Payment operations (due to payswix error) only if the Client notifies payswix on becoming aware of any such Payment operation giving rise to a claim and no later than within 3 (three) months after the debit date, save for the cases in this Agreement that explicitly indicates Client’s liability. If the Client does not submit this notification within the indicated time period, it is considered that Client has unconditionally agreed to the Payment operation, that has been executed on the Client’s payswix account.
15.7. payswix shall be liable for direct losses occurred after Client’s notification to payswix under Clause 8.5 of the Agreement.
15.8. payswix GNI does not guarantee uninterrupted System system operation, because System system operation may be influenced (disordered) by many factors beyond control of payswixGNI. payswix GNI shall put all efforts to secure as fluent System system operation as possible, however, payswix GNI shall not be liable for consequences originating due to System system operation disorders if such disorders occur not due to the fault of payswixGNI.
15.913.6. The system may not operate due to reasons under control of GNI and GNI shall not provide any compensation for malfunctions which do not depend on the actions of GNI.
13.7. Cases, when payswix GNI limits access to the System system temporarily, but not longer than for 24 (twenty-four) hours, due to the System system repair, development works and other similar cases, and if payswix GNI informs the Client about such cases at least 2 (two) calendar days in advance, shall not be considered System system operation disorders.
15.1013.8. payswix GNI is not liable for:
00.00.013.8.1. xxxxx money withdrawal and transfer from the payswix GNI account and for other Payment payment operations with funds held on the Client's payswix GNI account if the Client had not protected its Security credentialspasswords and identification instruments, and as a result they have become known to other persons, and also for illegal actions and operations of third persons performed using counterfeited and / or and/or illegal documents or illegally received data;
15.10.213.8.2. errors and late or missed transactions made by PSPsbanks, billing systems and other third parties for whose actions payswix is not responsibleparties;
15.10.313.8.3. consequences arising due to disturbances of fulfilment of any payswix GNI obligations caused by a third party which is beyond control of payswixGNI;
15.10.413.8.4. consequences arising after payswix GNI legally terminates the Agreementagreement, cancels Client’s payswix account or limits access to it, also after reasonable limitation/termination of provision of a part of the Servicesservices;
15.10.513.8.5. goods and services purchased using payswix GNI account, and also for other party, which receives payments from the payswix GNI account, not complying with terms of any agreement;
15.10.6. for assessment and payment of any taxes, duties and other relevant charges that may arise from the Client’s activity with the use of the payswix account or the Services. The Client is solely responsible for assessment and payment of any tax obligations and other relevant duties and charges whatsoever;
15.10.713.8.6. for a failure to fulfil its own contractual obligations and damages in case it was caused due to payswix GNI fulfilling duties determined by the law.
15.1113.9. The Client assures that all actions of the Client related to the execution of the agreement will comply with the applicable law.
13.10. The Client is fully liable for correctness of data, orders and documents submitted to GNI.
13.11. If the Payment payment operation is executed in the currency of a member country to / to/from a foreign country or in the currency of a foreign country, the Client bears all the losses incurred due to the usage of a lost or stolen payment instrument; illegal acquisition of a Payment payment instrument if the client had not protected Security credentials.personalised security features (including identity confirmation instruments)
15.1213.12. The Client bears any losses incurred due to: (i) the usage of a lost or stolen Payment instrument or (ii) illegal acquisition of Payment instrument. The Client also bears any the losses incurred due to unauthorised Payment payment operations if the Client has suffered the losses as a result of acting dishonestly or due to its gross negligence or intentionally not fulfilling one or several of the duties indicated below:
00.00.013.12.1. xx to comply with the rules regulating issuance and usage of the Payment payment instrument and / or the Account provided in the Agreement present agreement or its supplements, when using the Payment instrument payment instrument;
13.12.2. if the Client finds out about a loss, theft, illegal acquisition or unauthorised usage of the payment instrument, about facts and / suspicions that personalised security features of its payment instruments have become known to or can be used by third persons, the Client shall notify GNI or the Accountsubject indicated by GNI immediately, in accordance with the rules regulating issuance and usage of the payment instrument provided in the present agreement and its supplements;
00.00.013.12.3. xx notify the Company immediately as prescribed in the Clause 8.5 of the Agreement;
00.00.0. xx to undertake all possible measures to protect Security credentials personalised security features of the Payment instrument and / or the Account.payment
15.13. Where the Client denies having authorised an executed Payment operation or claim that the Payment operation was not correctly executed, the burden shall be on the Client to prove that the Payment operation was not authenticated, was affected by a technical breakdown or some other deficiency of the System.
15.1413.13. The Party party is relieved from the liability for failure to comply with the Agreement agreement in case the Party party proves that the Agreement agreement has not been properly executed due to circumstances of force majeure which are proven in accordance with the procedure established by the law. The Client shall notify payswix by means established in Section 10 of the Agreement GNI about the force majeure in writing within 10 (ten) calendar days after the day of occurrence of such circumstances. payswix GNI shall notify the Client by means established in Section 10 of the Agreement about force majeure circumstances within 7 (seven) calendar days after via email or websites of the day of occurrence of such circumstancessystem.
Appears in 2 contracts
Samples: General Payment Service Agreement, General Payment Service Agreement
Liability of the Parties. 15.114.1. Each Party party is liable for all fines, forfeits and other losses which the other Party party incurs due to violation of the Agreement agreement by the guilty Partyparty. The guilty Party party undertakes to reimburse direct damages damage incurred due to such liability to the affected Partyparty.
15.214.2. The liability of the Parties is established in accordance with the laws and case law of the courts of the Republic of LithuaniaLithuania and Romania. payswix CONVERTA is not liable for the Client’s losses resulted through the Client’s fault and / or and/or from lawful actions of the Client’s customers (i.e. for the goods and services that the Client sell, supply, provide or receive, including without limitation for the quality, performance, safety and legality of such goods or services, as well as for their actual delivery)Customer.
15.314.3. Nothing in this Agreement shall operate to exclude liability for death or personal injury due to negligence or for fraud or fraudulent misrepresentation or for any statutory liability that cannot be excluded or amended by agreement between the Partiesparties.
15.414.4. payswix We shall not be liable for any indirect or consequential losses including but not limited to loss of profit, loss of business and loss of reputation, unless otherwise expressly indicated in the laws.
15.514.5. payswix CONVERTA shall only be liable for direct damages caused by direct and essential breach of the Agreement agreement made by payswixCONVERTA, and only for damages which could have been foreseen by payswix CONVERTA at the time of breaching of the agreement:;
15.5.114.5.1. the amount of compensation for damages caused by violating the Agreement agreement by payswix CONVERTA shall not exceed the average of Commission commission fees for the last 3 (three) months paid to payswix CONVERTA by the Client for provided Servicesservices. This restriction is applied for the total amount of all violations of the month. In case the average of 3 (three) months cannot be calculated, the compensation cannot exceed EUR 2,000 (two thousand);
15.5.214.5.2. in all cases, payswix CONVERTA shall not be liable for non-receipt of profit and income by the Client, loss of reputation of the Client, loss or failure of Client's business, and indirect damages;
15.5.314.5.3. limitations of payswix CONVERTA liability shall not be applied if such limitations are prohibited by the applicable law.
15.614.5.4. payswix shall be liable for direct losses of the Client occurred due to unauthorized or incorrectly executed Payment operations (due to payswix error) only if the Client notifies payswix on becoming aware of any such Payment operation giving rise to a claim and no later than within 3 (three) months after the debit date, save for the cases in this Agreement that explicitly indicates Client’s liability. If the Client does not submit this notification within the indicated time period, it is considered that Client has unconditionally agreed to the Payment operation, that has been executed on the Client’s payswix account.
15.7. payswix shall be liable for direct losses occurred after Client’s notification to payswix under Clause 8.5 of the Agreement.
15.8. payswix CONVERTA does not guarantee uninterrupted System system operation, because System system operation may be influenced (disordered) by many factors beyond control of payswixCONVERTA. payswix CONVERTA shall put all efforts to secure as fluent System system operation as possible, however, payswix CONVERTA shall not be liable for consequences originating due to System system operation disorders if such disorders occur not due to the fault of payswixCONVERTA.
15.914.6. The system may not operate due to reasons under control of CONVERTA and CONVERTA shall not provide any compensation for malfunctions which do not depend on the actions of CONVERTA.
14.7. Cases, when payswix CONVERTA limits access to the System system temporarily, but not longer than for 24 (twenty-four) hours, due to the System system repair, development works and other similar cases, and if payswix CONVERTA informs the Client about such cases at least 2 (two) calendar days in advance, shall not be considered System system operation disorders.
15.1014.8. payswix CONVERTA is not liable for:
00.00.014.8.1. xxxxx money withdrawal and transfer from the payswix CONVERTA account and for other Payment payment operations with funds held on the Client's payswix CONVERTA account if the Client had not protected its Security credentialspasswords and identification instruments, and as a result they have become known to other persons, and also for illegal actions and operations of third persons performed using counterfeited and / or and/or illegal documents or illegally received data;
15.10.214.8.2. errors and late or missed transactions made by PSPsbanks, billing systems and other third parties for whose actions payswix is not responsibleparties;
15.10.314.8.3. consequences arising due to disturbances of fulfilment of any payswix CONVERTA obligations caused by a third party which is beyond control of payswixCONVERTA;
15.10.414.8.4. consequences arising after payswix CONVERTA legally terminates the Agreementagreement, cancels Client’s payswix account or limits access to it, also after reasonable limitation/termination of provision of a part of the Servicesservices;
15.10.514.8.5. goods and services purchased using payswix CONVERTA account, and also for other party, which receives payments from the payswix CONVERTA account, not complying with terms of any agreement;
15.10.6. for assessment and payment of any taxes, duties and other relevant charges that may arise from the Client’s activity with the use of the payswix account or the Services. The Client is solely responsible for assessment and payment of any tax obligations and other relevant duties and charges whatsoever;
15.10.714.8.6. for a failure to fulfil its own contractual obligations and damages in case it was caused due to payswix CONVERTA fulfilling duties determined by the law.
15.1114.9. The Client assures that all actions of the Client related to the execution of the agreement will comply with the applicable law.
14.10. The Client is fully liable for correctness of data, orders and documents submitted to CONVERTA.
14.11. If the Payment payment operation is executed in the currency of a member country to / to/from a foreign country or in the currency of a foreign country, the Client bears all the losses incurred due to the usage of a lost or stolen payment instrument; illegal acquisition of a Payment payment instrument if the client had not protected Security credentials.personalised security features (including identity confirmation instruments)
15.1214.12. The Client bears any losses incurred due to: (i) the usage of a lost or stolen Payment instrument or (ii) illegal acquisition of Payment instrument. The Client also bears any the losses incurred due to unauthorised Payment payment operations if the Client has suffered the losses as a result of acting dishonestly or due to its gross negligence or intentionally not fulfilling one or several of the duties indicated below:
00.00.014.12.1. xx to comply with the rules regulating issuance and usage of the Payment payment instrument and / or the Account provided in the Agreement present agreement or its supplements, when using the Payment instrument payment instrument;
14.12.2. if the Client finds out about a loss, theft, illegal acquisition or unauthorised usage of the payment instrument, about facts and / suspicions that personalised security features of its payment instruments have become known to or can be used by third persons, the Client shall notify CONVERTA or the Accountsubject indicated by CONVERTA immediately, in accordance with the rules regulating issuance and usage of the payment instrument provided in the present agreement and its supplements;
00.00.014.12.3. xx notify the Company immediately as prescribed in the Clause 8.5 of the Agreement;
00.00.0. xx to undertake all possible measures to protect Security credentials personalised security features of the Payment instrument and / or the Account.payment
15.13. Where the Client denies having authorised an executed Payment operation or claim that the Payment operation was not correctly executed, the burden shall be on the Client to prove that the Payment operation was not authenticated, was affected by a technical breakdown or some other deficiency of the System.
15.1414.13. The Party party is relieved from the liability for failure to comply with the Agreement agreement in case the Party party proves that the Agreement agreement has not been properly executed due to circumstances of force majeure which are proven in accordance with the procedure established by the law. The Client shall notify payswix by means established in Section 10 of the Agreement CONVERTA about the force majeure in writing within 10 (ten) calendar days after the day of occurrence of such circumstances. payswix CONVERTA shall notify the Client by means established in Section 10 of the Agreement about force majeure circumstances within 7 (seven) calendar days after via email or websites of the day of occurrence of such circumstancessystem.
Appears in 1 contract
Samples: General Payment Service Agreement
Liability of the Parties. 15.113.1. Each Party party is liable for all fines, forfeits and other losses which the other Party party incurs due to violation of the Agreement agreement by the guilty Partyparty. The guilty Party party undertakes to reimburse direct damages damage incurred due to such liability to the affected Partyparty.
15.213.2. The liability of the Parties is established in accordance with the laws and case law of the courts of the Republic of Lithuania. payswix Pay5 is not liable for the Client’s losses resulted through the Client’s fault and / or and/or from lawful actions of the Client’s customers (i.e. for the goods and services that the Client sell, supply, provide or receive, including without limitation for the quality, performance, safety and legality of such goods or services, as well as for their actual delivery)Customer.
15.313.3. Nothing in this Agreement shall operate to exclude liability for death or personal injury due to negligence or for fraud or fraudulent misrepresentation or for any statutory liability that cannot be excluded or amended by agreement between the Partiesparties.
15.413.4. payswix We shall not be liable for any indirect or consequential losses including but not limited to loss of profit, loss of business and loss of reputation, unless otherwise expressly indicated in the laws.
15.513.5. payswix Pay5 shall only be liable for direct damages caused by direct and essential breach of the Agreement agreement made by payswixPay5, and only for damages which could have been foreseen by payswix Pay5 at the time of breaching of the agreement:;
15.5.113.5.1. the amount of compensation for damages caused by violating the Agreement agreement by payswix Pay5 shall not exceed the average of Commission commission fees for the last 3 (three) months paid to payswix Pay5 by the Client for provided Servicesservices. This restriction is applied for the total amount of all violations of the month. In case the average of 3 (three) months cannot be calculated, the compensation cannot exceed EUR 2,000 (two thousand);
15.5.213.5.2. in all cases, payswix Pay5 shall not be liable for non-receipt of profit and income by the Client, loss of reputation of the Client, loss or failure of Client's business, and indirect damages;
15.5.313.5.3. limitations of payswix Pay5 liability shall not be applied if such limitations are prohibited by the applicable law.
15.613.5.4. payswix shall be liable for direct losses of the Client occurred due to unauthorized or incorrectly executed Payment operations (due to payswix error) only if the Client notifies payswix on becoming aware of any such Payment operation giving rise to a claim and no later than within 3 (three) months after the debit date, save for the cases in this Agreement that explicitly indicates Client’s liability. If the Client does not submit this notification within the indicated time period, it is considered that Client has unconditionally agreed to the Payment operation, that has been executed on the Client’s payswix account.
15.7. payswix shall be liable for direct losses occurred after Client’s notification to payswix under Clause 8.5 of the Agreement.
15.8. payswix Pay5 does not guarantee uninterrupted System system operation, because System system operation may be influenced (disordered) by many factors beyond control of payswixPay5. payswix Pay5 shall put all efforts to secure as fluent System system operation as possible, however, payswix Pay5 shall not be liable for consequences originating due to System system operation disorders if such disorders occur not due to the fault of payswixPay5.
15.913.6. The system may not operate due to reasons under control of Pay5 and Pay5 shall not provide any compensation for malfunctions which do not depend on the actions of Pay5.
13.7. Cases, when payswix Pay5 limits access to the System system temporarily, but not longer than for 24 (twenty-four) hours, due to the System system repair, development works and other similar cases, and if payswix Pay5 informs the Client about such cases at least 2 (two) calendar days in advance, shall not be considered System system operation disorders.
15.1013.8. payswix Pay5 is not liable for:
00.00.013.8.1. xxxxx money withdrawal and transfer from the payswix Pay5 account and for other Payment payment operations with funds held on the Client's payswix Pay5 account if the Client had not protected its Security credentialspasswords and identification instruments, and as a result they have become known to other persons, and also for illegal actions and operations of third persons performed using counterfeited and / or and/or illegal documents or illegally received data;
15.10.2. errors and late or missed transactions made by PSPs, billing systems and other third parties for whose actions payswix is not responsible;
15.10.3. consequences arising due to disturbances of fulfilment of any payswix obligations caused by a third party which is beyond control of payswix;
15.10.413.8.2. consequences arising after payswix Pay5 legally terminates the Agreementagreement, cancels Client’s payswix account or limits access to it, also after reasonable limitation/termination of provision of a part of the Servicesservices;
15.10.513.8.3. goods and services purchased using payswix Pay5 account, and also for other party, which receives payments from the payswix Pay5 account, not complying with terms of any agreement;
15.10.6. for assessment and payment of any taxes, duties and other relevant charges that may arise from the Client’s activity with the use of the payswix account or the Services. The Client is solely responsible for assessment and payment of any tax obligations and other relevant duties and charges whatsoever;
15.10.713.8.4. for a failure to fulfil its own contractual obligations and damages in case it was caused due to payswix Pay5 fulfilling duties determined by the law.
15.1113.9. The Client assures that all actions of the Client related to the execution of the agreement will comply with the applicable law.
13.10. The Client is fully liable for correctness of data, orders and documents submitted to Pay5.
13.11. If the Payment payment operation is executed in the currency of a member country to / to/from a foreign country or in the currency of a foreign country, the Client bears all the losses incurred due to the usage of a lost or stolen payment instrument; illegal acquisition of a Payment payment instrument if the client had not protected Security credentialspersonalised security features (including identity confirmation instruments).
15.1213.12. The Client bears any losses incurred due to: (i) the usage of a lost or stolen Payment instrument or (ii) illegal acquisition of Payment instrument. The Client also bears any the losses incurred due to unauthorised Payment payment operations if the Client has suffered the losses as a result of acting dishonestly or due to its gross negligence or intentionally not fulfilling one or several of the duties indicated below:
00.00.013.12.1. xx to comply with the rules regulating issuance and usage of the Payment payment instrument and / or the Account provided in the Agreement present agreement or its supplements, when using the Payment instrument payment instrument;
13.12.2. if the Client finds out about a loss, theft, illegal acquisition or unauthorised usage of the payment instrument, about facts and / suspicions that personalised security features of its payment instruments have become known to or can be used by third persons, the Client shall notify Pay5 or the Accountsubject indicated by Pay5 immediately, in accordance with the rules regulating issuance and usage of the payment instrument provided in the present agreement and its supplements;
00.00.013.12.3. xx notify the Company immediately as prescribed in the Clause 8.5 of the Agreement;
00.00.0. xx to undertake all possible measures to protect Security credentials personalised security features of the Payment instrument and / or the Accountpayment.
15.13. Where the Client denies having authorised an executed Payment operation or claim that the Payment operation was not correctly executed, the burden shall be on the Client to prove that the Payment operation was not authenticated, was affected by a technical breakdown or some other deficiency of the System.
15.1413.13. The Party party is relieved from the liability for failure to comply with the Agreement agreement in case the Party party proves that the Agreement agreement has not been properly executed due to circumstances of force majeure which are proven in accordance with the procedure established by the law. The Client shall notify payswix by means established in Section 10 of the Agreement Pay5 about the force majeure in writing within 10 (ten) calendar days after the day of occurrence of such circumstances. payswix Pay5 shall notify the Client by means established in Section 10 of the Agreement about force majeure circumstances within 7 (seven) calendar days after via email or websites of the day of occurrence of such circumstancessystem.
Appears in 1 contract
Samples: General Payment Service Agreement
Liability of the Parties. 15.1. Each Party is liable for all fines, forfeits and other losses which the other Party incurs due to violation of the Agreement by the guilty Party. The guilty Party undertakes to reimburse direct damages incurred due to such liability to the affected Party.
15.2. The liability of the Parties is established in accordance with the laws and case law of the courts of the Republic of Lithuania. payswix is not liable for the Client’s losses resulted through the Client’s fault and / or from lawful actions of the Client’s customers (i.e. for the goods and services that the Client sell, supply, provide or receive, including without limitation for the quality, performance, safety and legality of such goods or services, as well as for their actual delivery).
15.3. Nothing in this Agreement shall operate to exclude liability for death or personal injury due to negligence or for fraud or fraudulent misrepresentation or for any statutory liability that cannot be excluded or amended by agreement between the Parties.
15.4. payswix shall not be liable for any indirect or consequential losses including but not limited to loss of profit, loss of business and loss of reputation, unless otherwise expressly indicated in the laws.
15.5. payswix shall only be liable for direct damages caused by direct and essential breach of the Agreement made by payswix, and only for damages which could have been foreseen by payswix at the time of breaching of the agreement:
15.5.1. the amount of compensation for damages caused by violating the Agreement by payswix shall not exceed the average of Commission fees for the last 3 (three) months paid to payswix by the Client for provided Services. This restriction is applied for the total amount of all violations of the month. In case the average of 3 (three) months cannot be calculated, the compensation cannot exceed EUR 2,000 (two thousand);
15.5.2. in all cases, payswix shall not be liable for non-receipt of profit and income by the Client, loss of reputation of the Client, loss or failure of Client's business, and indirect damages;
15.5.3. limitations of payswix liability shall not be applied if such limitations are prohibited by the applicable law.
15.6. payswix shall be liable for direct losses (including, where applicable, the restoration of the payment account balance that would have been the case if the unauthorized or incorrectly executed Payment Transaction had not been completed) of the Client occurred due to unauthorized or incorrectly executed Payment operations (due to payswix error) only if the Client notifies payswix on becoming aware of any such Payment operation giving rise to a claim and no later than within 3 13 (threethirteen) months after the debit date, save for the cases in this Agreement that explicitly indicates Client’s liability. If the Client does not submit this notification within the indicated time period, it is considered that Client has unconditionally agreed to the Payment operation, that has been executed on the Client’s payswix account.
15.7. payswix shall be liable for direct losses occurred after Client’s notification to payswix under Clause 8.5 of the Agreement.
15.8. payswix does not guarantee uninterrupted System operation, because System operation may be influenced (disordered) by many factors beyond control of payswix. payswix shall put all efforts to secure as fluent System operation as possible, however, payswix shall not be liable for consequences originating due to System operation disorders if such disorders occur not due to the fault of payswix.
15.9. Cases, when payswix limits access to the System temporarily, but not longer than for 24 (twenty-four) hours, due to the System repair, development works and other similar cases, and if payswix informs the Client about such cases at least 2 (two) calendar days in advance, shall not be considered System operation disorders.
15.10. payswix is not liable for:
00.00.0. xxxxx withdrawal and transfer from the payswix account and for other Payment operations with funds held on the Client's payswix account if the Client had not protected its Security credentials, and as a result they have become known to other persons, and also for illegal actions and operations of third persons performed using counterfeited and / or illegal documents or illegally received data;
15.10.2. errors and late or missed transactions made by PSPs, billing systems and other third parties for whose actions payswix is not responsible;
15.10.3. consequences arising due to disturbances of fulfilment of any payswix obligations caused by a third party which is beyond control of payswix;
15.10.4. consequences arising after payswix legally terminates the Agreement, cancels Client’s payswix account or limits access to it, also after reasonable limitation/termination of provision of a part of the Services;
15.10.5. goods and services purchased using payswix account, and also for other party, which receives payments from the payswix account, not complying with terms of any agreement;
15.10.6. for assessment and payment of any taxes, duties and other relevant charges that may arise from the Client’s activity with the use of the payswix account or the Services. The Client is solely responsible for assessment and payment of any tax obligations and other relevant duties and charges whatsoever;
15.10.7. for a failure to fulfil its own contractual obligations and damages in case it was caused due to payswix fulfilling duties determined by the law.
15.11. If the Payment operation is executed in the currency of a member country to / from a foreign country or in the currency of a foreign country, the Client bears all the losses incurred due to the usage of a lost or stolen payment instrument; illegal acquisition of a Payment instrument if the client had not protected Security credentials.
15.12. The Client bears any losses incurred due to: (i) the usage of a lost or stolen Payment instrument or (ii) illegal acquisition of Payment instrument. The Client also bears any the losses incurred due to unauthorised Payment operations if the Client has suffered the losses as a result of acting dishonestly or due to its gross negligence or intentionally not fulfilling one or several of the duties indicated below:
00.00.0. xx comply with the rules regulating issuance and usage of the Payment instrument and / or the Account provided in the Agreement or its supplements, when using the Payment instrument and / or the Account;
00.00.0. xx notify the Company immediately as prescribed in the Clause 8.5 of the Agreement;
00.00.0. xx undertake all possible measures to protect Security credentials of the Payment instrument and / or the Account.
15.13. Where the Client denies having authorised an executed Payment operation or claim that the Payment operation was not correctly executed, the burden shall be on the Client to prove that the Payment operation was not authenticated, was affected by a technical breakdown or some other deficiency of the System.
15.14. The Party is relieved from the liability for failure to comply with the Agreement in case the Party proves that the Agreement has not been properly executed due to circumstances of force majeure which are proven in accordance with the procedure established by the law. The Client shall notify payswix by means established in Section 10 of the Agreement about the force majeure within 10 (ten) calendar days after the day of occurrence of such circumstances. payswix shall notify the Client by means established in Section 10 of the Agreement about force majeure circumstances within 7 (seven) calendar days after the day of occurrence of such circumstances.
Appears in 1 contract
Samples: General Payment Service Agreement
Liability of the Parties. 15.1. Each Party is liable for all fines, forfeits and other losses which the other Party incurs due to violation of the Agreement by the guilty Party. The guilty Party undertakes to reimburse direct damages incurred due to such liability to the affected Party.
15.2. The liability of the Parties is established in accordance with the laws and case law of the courts of the Republic of Lithuania. payswix COXIPAY is not liable for the Client’s losses resulted through the Client’s fault and / or from lawful actions of the Client’s customers (i.e. i.e., for the goods and services that the Client sell, supply, provide or receive, including without limitation for the quality, performance, safety and legality of such goods or services, as well as for their actual delivery).
15.3. Nothing in this Agreement shall operate to exclude liability for death or personal injury due to negligence or for fraud or fraudulent misrepresentation or for any statutory liability that cannot be excluded or amended by agreement between the Parties.
15.4. payswix COXIPAY shall not be liable for any indirect or consequential losses including but not limited to loss of profit, loss of business and loss of reputation, unless otherwise expressly indicated in the laws.
15.5. payswix COXIPAY shall only be liable for direct damages caused by direct and essential breach of the Agreement made by payswixXXXXXXX, and only for damages which could have been foreseen by payswix COXIPAY at the time of breaching of the agreement:
15.5.1. the amount of compensation for damages caused by violating the Agreement by payswix COXIPAY shall not exceed the average of Commission fees for the last 3 (three) months paid to payswix COXIPAY by the Client for provided Services. This restriction is applied for the total amount of all violations of the month. In case the average of 3 (three) months cannot be calculated, the compensation cannot exceed EUR 2,000 (two thousand);
15.5.2. in all cases, payswix COXIPAY shall not be liable for non-receipt of profit and income by the Client, loss of reputation of the Client, loss or failure of Client's business, and indirect damages;
15.5.3. limitations of payswix COXIPAY liability shall not be applied if such limitations are prohibited by the applicable law.
15.6. payswix COXIPAY shall be liable for direct losses of the Client occurred due to unauthorized or incorrectly executed Payment operations (due to payswix COXIPAY error) only if the Client notifies payswix COXIPAY on becoming aware of any such Payment operation giving rise to a claim and no later than within 3 (three) months after the debit date, save for the cases in this Agreement that explicitly indicates Client’s liability. If the Client does not submit this notification within the indicated time period, it is considered that Client has unconditionally agreed to the Payment operation, that has been executed on the Client’s payswix COXIPAY account.
15.7. payswix COXIPAY shall be liable for direct losses occurred after Client’s notification to payswix COXIPAY under Clause 8.5 of the Agreement.
15.8. payswix COXIPAY does not guarantee uninterrupted System operation, because System operation may be influenced (disordered) by many factors beyond control of payswixCOXIPAY. payswix COXIPAY shall put all efforts to secure as fluent System operation as possible, however, payswix COXIPAY shall not be liable for consequences originating due to System operation disorders if such disorders occur not due to the fault of payswixCOXIPAY.
15.9. Cases, when payswix COXIPAY limits access to the System temporarily, but not longer than for 24 (twenty-four) hours, due to the System repair, development works and other similar cases, and if payswix COXIPAY informs the Client about such cases at least 2 (two) calendar days in advance, shall not be considered System operation disorders.
15.10. payswix COXIPAY is not liable for:
00.00.0. xxxxx withdrawal and transfer from the payswix COXIPAY account and for other Payment operations with funds held on the Client's payswix COXIPAY account if the Client had not protected its Security credentials, and as a result they have become known to other persons, and also for illegal actions and operations of third persons performed using counterfeited and / or illegal documents or illegally received data;
15.10.2. errors and late or missed transactions made by PSPs, billing systems and other third parties for whose actions payswix COXIPAY is not responsible;
15.10.3. consequences arising due to disturbances of fulfilment of any payswix COXIPAY obligations caused by a third party which is beyond control of payswixCOXIPAY;
15.10.4. consequences arising after payswix COXIPAY legally terminates the Agreement, cancels Client’s payswix COXIPAY account or limits access to it, also after reasonable limitation/termination of provision of a part of the Services;
15.10.5. goods and services purchased using payswix COXIPAY account, and also for other party, which receives payments from the payswix COXIPAY account, not complying with terms of any agreement;
15.10.6. for assessment and payment of any taxes, duties and other relevant charges that may arise from the Client’s activity with the use of the payswix COXIPAY account or the Services. The Client is solely responsible for assessment and payment of any tax obligations and other relevant duties and charges whatsoever;
15.10.7. for a failure to fulfil its own contractual obligations and damages in case it was caused due to payswix fulfilling duties determined by the law.
15.11. If the Payment operation is executed in the currency of a member country to / from a foreign country or in the currency of a foreign country, the Client bears all the losses incurred due to the usage of a lost or stolen payment instrument; illegal acquisition of a Payment instrument if the client had not protected Security credentials.
15.12. The Client bears any losses incurred due to: (i) the usage of a lost or stolen Payment instrument or (ii) illegal acquisition of Payment instrument. The Client also bears any the losses incurred due to unauthorised Payment operations if the Client has suffered the losses as a result of acting dishonestly or due to its gross negligence or intentionally not fulfilling one or several of the duties indicated below:
00.00.0. xx comply with the rules regulating issuance and usage of the Payment instrument and / or the Account provided in the Agreement or its supplements, when using the Payment instrument and / or the Account;
00.00.0. xx notify the Company immediately as prescribed in the Clause 8.5 of the Agreement;
00.00.0. xx undertake all possible measures to protect Security credentials of the Payment instrument and / or the Account.
15.13. Where the Client denies having authorised an executed Payment operation or claim that the Payment operation was not correctly executed, the burden shall be on the Client to prove that the Payment operation was not authenticated, was affected by a technical breakdown or some other deficiency of the System.
15.14. The Party is relieved from the liability for failure to comply with the Agreement in case the Party proves that the Agreement has not been properly executed due to circumstances of force majeure which are proven in accordance with the procedure established by the law. The Client shall notify payswix by means established in Section 10 of the Agreement about the force majeure within 10 (ten) calendar days after the day of occurrence of such circumstances. payswix shall notify the Client by means established in Section 10 of the Agreement about force majeure circumstances within 7 (seven) calendar days after the day of occurrence of such circumstances.tax
Appears in 1 contract
Samples: Payment Service Agreement
Liability of the Parties. 15.113.1. Each Party party is liable for all fines, forfeits and other losses which the other Party party incurs due to violation of the Agreement agreement by the guilty Partyparty. The guilty Party party undertakes to reimburse direct damages damage incurred due to such liability to the affected Partyparty.
15.213.2. The liability of the Parties is established in accordance with the laws and case law of the courts of the Republic of Lithuania. payswix WireWallet is not liable for the Client’s losses resulted through the Client’s fault and / or and/or from lawful actions of the Client’s customers (i.e. for the goods and services that the Client sell, supply, provide or receive, including without limitation for the quality, performance, safety and legality of such goods or services, as well as for their actual delivery)Customer.
15.313.3. Nothing in this Agreement shall operate to exclude liability for death or personal injury due to negligence or for fraud or fraudulent misrepresentation or for any statutory liability that cannot be excluded or amended by agreement between the Partiesparties.
15.413.4. payswix We shall not be liable for any indirect or consequential losses including but not limited to loss of profit, loss of business and loss of reputation, unless otherwise expressly indicated in the laws.
15.513.5. payswix WireWallet shall only be liable for direct damages caused by direct and essential breach of the Agreement agreement made by payswixWireWallet, and only for damages which could have been foreseen by payswix WireWallet at the time of breaching of the agreement:;
15.5.113.5.1. the amount of compensation for damages caused by violating the Agreement agreement by payswix WireWallet shall not exceed the average of Commission commission fees for the last 3 (three) months paid to payswix WireWallet by the Client for provided Servicesservices. This restriction is applied for the total amount of all violations of the month. In case the average of 3 (three) months cannot be calculated, the compensation cannot exceed EUR 2,000 (two thousand);
15.5.213.5.2. in all cases, payswix WireWallet shall not be liable for non-receipt of profit and income by the Client, loss of reputation of the Client, loss or failure of Client's business, and indirect damages;
15.5.313.5.3. limitations of payswix WireWallet liability shall not be applied if such limitations are prohibited by the applicable law.
15.613.5.4. payswix shall be liable for direct losses of the Client occurred due to unauthorized or incorrectly executed Payment operations (due to payswix error) only if the Client notifies payswix on becoming aware of any such Payment operation giving rise to a claim and no later than within 3 (three) months after the debit date, save for the cases in this Agreement that explicitly indicates Client’s liability. If the Client does not submit this notification within the indicated time period, it is considered that Client has unconditionally agreed to the Payment operation, that has been executed on the Client’s payswix account.
15.7. payswix shall be liable for direct losses occurred after Client’s notification to payswix under Clause 8.5 of the Agreement.
15.8. payswix WireWallet does not guarantee uninterrupted System system operation, because System system operation may be influenced (disordered) by many factors beyond control of payswixWireWallet. payswix WireWallet shall put all efforts to secure as fluent System system operation as possible, however, payswix WireWallet shall not be liable for consequences originating due to System system operation disorders if such disorders occur not due to the fault of payswixWireWallet.
15.913.6. The system may not operate due to reasons under control of WireWallet and WireWallet shall not provide any compensation for malfunctions which do not depend on the actions of WireWallet.
13.7. Cases, when payswix WireWallet limits access to the System system temporarily, but not longer than for 24 (twenty-four) hours, due to the System system repair, development works and other similar cases, and if payswix WireWallet informs the Client about such cases at least 2 (two) calendar days in advance, shall not be considered System system operation disorders.
15.1013.8. payswix WireWallet is not liable for:
00.00.013.8.1. xxxxx money withdrawal and transfer from the payswix WireWallet account and for other Payment payment operations with funds held on the Client's payswix WireWallet account if the Client had not protected its Security credentialspasswords and identification instruments, and as a result they have become known to other persons, and also for illegal actions and operations of third persons performed using counterfeited and / or and/or illegal documents or illegally received data;
15.10.213.8.2. errors and late or missed transactions made by PSPsbanks, billing systems and other third parties for whose actions payswix is not responsibleparties;
15.10.313.8.3. consequences arising due to disturbances of fulfilment of any payswix WireWallet obligations caused by a third party which is beyond control of payswixWireWallet;
15.10.413.8.4. consequences arising after payswix WireWallet legally terminates the Agreementagreement, cancels Client’s payswix account or limits access to it, also after reasonable limitation/termination of provision of a part of the Servicesservices;
15.10.513.8.5. goods and services purchased using payswix WireWallet account, and also for other party, which receives payments from the payswix WireWallet account, not complying with terms of any agreement;
15.10.6. for assessment and payment of any taxes, duties and other relevant charges that may arise from the Client’s activity with the use of the payswix account or the Services. The Client is solely responsible for assessment and payment of any tax obligations and other relevant duties and charges whatsoever;
15.10.713.8.6. for a failure to fulfil its own contractual obligations and damages in case it was caused due to payswix WireWallet fulfilling duties determined by the law.
15.1113.9. The Client assures that all actions of the Client related to the execution of the agreement will comply with the applicable law.
13.10. The Client is fully liable for correctness of data, orders and documents submitted to WireWallet.
13.11. If the Payment payment operation is executed in the currency of a member country to / to/from a foreign country or in the currency of a foreign country, the Client bears all the losses incurred due to the usage of a lost or stolen payment instrument; illegal acquisition of a Payment payment instrument if the client had not protected Security credentials.personalized security features (including identity confirmation instruments)
15.1213.12. The Client bears any losses incurred due to: (i) the usage of a lost or stolen Payment instrument or (ii) illegal acquisition of Payment instrument. The Client also bears any the losses incurred due to unauthorised Payment unauthorized payment operations if the Client has suffered the losses as a result of acting dishonestly or due to its gross negligence or intentionally not fulfilling one or several of the duties indicated below:
00.00.013.12.1. xx to comply with the rules regulating issuance and usage of the Payment payment instrument and / or the Account provided in the Agreement present agreement or its supplements, when using the Payment instrument payment instrument;
13.12.2. if the Client finds out about a loss, theft, illegal acquisition or unauthorized usage of the payment instrument, about facts and / suspicions that personalized security features of its payment instruments have become known to or can be used by third persons, the Client shall notify WireWallet or the Accountsubject indicated by WireWallet immediately, in accordance with the rules regulating issuance and usage of the payment instrument provided in the present agreement and its supplements;
00.00.013.12.3. xx notify the Company immediately as prescribed in the Clause 8.5 of the Agreement;
00.00.0. xx to undertake all possible measures to protect Security credentials personalized security features of the Payment instrument and / or the Account.payment
15.13. Where the Client denies having authorised an executed Payment operation or claim that the Payment operation was not correctly executed, the burden shall be on the Client to prove that the Payment operation was not authenticated, was affected by a technical breakdown or some other deficiency of the System.
15.1413.13. The Party party is relieved from the liability for failure to comply with the Agreement agreement in case the Party party proves that the Agreement agreement has not been properly executed due to circumstances of force majeure which are proven in accordance with the procedure established by the law. The Client shall notify payswix by means established in Section 10 of the Agreement WireWallet about the force majeure in writing within 10 (ten) calendar days after the day of occurrence of such circumstances. payswix WireWallet shall notify the Client by means established in Section 10 of the Agreement about force majeure circumstances within 7 (seven) calendar days after via email or websites of the day of occurrence of such circumstancessystem.
Appears in 1 contract
Samples: General Payment Service Agreement
Liability of the Parties. 15.1. Each Party is liable for all fines, forfeits and other losses which the other Party otherParty incurs due to violation of the Agreement by the guilty Party. The guilty Party undertakes to reimburse direct damages incurred due to such liability to the affected Party.
15.2. The liability of the Parties is established in accordance with the laws and case andcase law of the courts of the Republic of Lithuania. payswix AJM is not liable for the Client’s losses resulted through the Client’s fault and / or from lawful actions lawfulactions of the Client’s customers (i.e. i.e., for the goods and services that the Client sell, supply, provide or receive, including without limitation for the quality, performance, safety and legality of such goods or services, as well as for their actual delivery).
15.3. Nothing in this Agreement shall operate to exclude liability for death or personal orpersonal injury due to negligence or for fraud or fraudulent misrepresentation fraudulentmisrepresentation or for any statutory liability that cannot be excluded or amended by agreement between the Parties.
15.4. payswix AJM shall not be liable for any indirect or consequential losses including but includingbut not limited to loss of profit, loss of business and loss of reputation, unless otherwise expressly indicated in the laws.
15.5. payswix AJM shall only be liable for direct damages caused by direct and essential breach essentialbreach of the Agreement made by payswixAJM, and only for damages which could have been foreseen by payswix AJM at the time of breaching of the agreement:
15.5.1. the amount of compensation for damages caused by violating the Agreement by payswix AJM shall not exceed the average of Commission fees for the last 3 (three) months paid to payswix AJM by the Client theClient for provided Services. This restriction is applied for the total amount of all violations of the month. In case the average of 3 (three) months cannot be calculated, the compensation cannot exceed EUR 2,000 (two thousand);
15.5.2. in all cases, payswix AJM shall not be liable for non-receipt of profit and income by the Client, loss of reputation of the Client, loss or failure of Client's business, and indirect damages;
15.5.3. limitations of payswix AJM liability shall not be applied if such limitations are limitationsare prohibited by the applicable law.
15.6. payswix AJM shall be liable for direct losses of the Client occurred due to unauthorized or incorrectly executed Payment operations (due to payswix AJM error) only if the Client notifies payswix AJM on becoming aware of any such Payment operation giving rise to a claim and no later than within 3 (three) months after the debit date, save for the cases in this Agreement that Agreementthat explicitly indicates Client’s liability. If the Client does not submit this notification thisnotification within the indicated time period, it is considered that Client has Clienthas unconditionally agreed to the Payment operation, that has been executed on the Client’s payswix AJM account.
15.7. payswix AJM shall be liable for direct losses occurred after Client’s notification to payswix toAJM under Clause 8.5 of the Agreement.
15.8. payswix AJM does not guarantee uninterrupted System operation, because System operation may be influenced (disordered) by many factors beyond control of payswixAJM. payswix AJM shall put all efforts to secure as fluent System operation as possible, however, payswix AJM shall not be liable for consequences originating due to System operation disorders if such disorders occur not due to the fault of payswixAJM.
15.9. Cases, when payswix AJM limits access to the System temporarily, but not longer than longerthan for 24 (twenty-four) hours, due to the System repair, development works developmentworks and other similar cases, and if payswix AJM informs the Client about such cases suchcases at least 2 (two) calendar days in advance, shall not be considered System consideredSystem operation disorders.
15.10. payswix AJM is not liable for:
00.00.015.10.1. xxxxx money withdrawal and transfer from the payswix AJM account and for other Payment operations with funds held on the Client's payswix AJM account if the Client had not protected its Security credentials, and as a result they have become known to other persons, and also for illegal actions and operations of third persons performed using performedusing counterfeited and / or illegal documents or illegally received data;
15.10.2. errors and late or missed transactions made by PSPs, billing systems and other third parties for whose actions payswix AJM is not responsible;
15.10.3. consequences arising due to disturbances of fulfilment of any payswix AJM obligations caused by a third party which is beyond control of payswixcontrolof AJM;
15.10.4. consequences arising after payswix AJM legally terminates the Agreement, cancels Client’s payswix AJM account or limits access to it, also after reasonable limitation/termination of provision of a part of partof the Services;
15.10.5. goods and services purchased using payswix AJM account, and also for other party, which receives payments from the payswix AJM account, not complying notcomplying with terms of any agreement;
15.10.6. for assessment and payment of any taxes, duties and other relevant charges that may arise from the Client’s activity with the use of the payswix AJM account or the Services. The Client is solely responsible for assessment and payment of any tax obligations and other relevant duties and charges whatsoever;
15.10.7. for a failure to fulfil its own contractual obligations and damages in xxxxxxxxx case it was caused due to payswix AJM fulfilling duties determined by the law.
15.11. If the Payment operation is executed in the currency of a member country to / from a foreign country or in the currency of a foreign country, the Client bears all the losses incurred due to the usage of a lost or stolen payment instrument; illegal acquisition of a Payment instrument if the client had not protected Security credentials.
15.12. The Client bears any losses incurred due to: (i) the usage of a lost or stolen Payment instrument or (ii) illegal acquisition of Payment instrument. The Client also bears any the losses incurred due to unauthorised tounauthorized Payment operations if the Client has suffered the losses as a asa result of acting dishonestly or due to its gross negligence or intentionally not fulfilling one or several of the duties indicated below:
00.00.015.12.1. xx to comply with the rules regulating issuance and usage of the Payment instrument and / or the Account provided in the Agreement theAgreement or its supplements, when using the Payment instrument and / or the Account;
00.00.015.12.2. xx to notify the Company immediately as prescribed in the Clause 8.5 of the Agreement;
00.00.015.12.3. xx to undertake all possible measures to protect Security credentials Securitycredentials of the Payment instrument and / or the Account.
15.13. Where the Client denies having authorised authorized an executed Payment operation or claim that the Payment operation was not correctly executed, the burden shall be on the Client to prove that the Payment operation was not authenticated, was affected by a technical breakdown or breakdownor some other deficiency of the System.
15.14. The Party is relieved from the liability for failure to comply with the Agreement in case the Party proves that the Agreement has not been properly executed due to circumstances of force majeure which are proven in accordance with the procedure established by the law. The Client shall notify payswix AJM by means established in Section 10 of the Agreement about the force majeure within 10 (ten) calendar days after the afterthe day of occurrence of such circumstances. payswix AJM shall notify the Client by Clientby means established in Section 10 of the Agreement about force majeure circumstances within 7 (seven) calendar days after the day of occurrence of such circumstances.
Appears in 1 contract
Samples: Payment Service Agreement
Liability of the Parties. 15.113.1. Each Party party is liable for all fines, forfeits and other losses which the other Party party incurs due to violation of the Agreement agreement by the guilty Partyparty. The guilty Party party undertakes to reimburse direct damages damage incurred due to such liability to the affected Partyparty.
15.213.2. The liability of the Parties is established in accordance with the laws and case law of the courts of the Republic of Lithuania. payswix AJM is not liable for the Client’s losses resulted through the Client’s fault and / or and/or from lawful actions of the Client’s customers (i.e. for the goods and services that the Client sell, supply, provide or receive, including without limitation for the quality, performance, safety and legality of such goods or services, as well as for their actual delivery)Customer.
15.313.3. Nothing in this Agreement shall operate to exclude liability for death or personal injury due to negligence or for fraud or fraudulent misrepresentation or for any statutory liability that cannot be excluded or amended by agreement between the Partiesparties.
15.413.4. payswix We shall not be liable for any indirect or consequential losses including but not limited to loss of profit, loss of business and loss of reputation, unless otherwise expressly indicated in the laws.
15.513.5. payswix AJM shall only be liable for direct damages caused by direct and essential breach of the Agreement agreement made by payswixAJM, and only for damages which could have been foreseen by payswix AJM at the time of breaching of the agreement:;
15.5.113.5.1. the amount of compensation for damages caused by violating the Agreement agreement by payswix AJM shall not exceed the average of Commission commission fees for the last 3 (three) months paid to payswix AJM by the Client for provided Servicesservices. This restriction is applied for the total amount of all violations of the month. In case the average of 3 (three) months cannot be calculated, the compensation cannot exceed EUR 2,000 (two thousand);
15.5.213.5.2. in all cases, payswix AJM shall not be liable for non-receipt of profit and income by the Client, loss of reputation of the Client, loss or failure of Client's business, and indirect damages;
15.5.313.5.3. limitations of payswix AJM liability shall not be applied if such limitations are prohibited by the applicable law.
15.613.5.4. payswix shall be liable for direct losses of the Client occurred due to unauthorized or incorrectly executed Payment operations (due to payswix error) only if the Client notifies payswix on becoming aware of any such Payment operation giving rise to a claim and no later than within 3 (three) months after the debit date, save for the cases in this Agreement that explicitly indicates Client’s liability. If the Client does not submit this notification within the indicated time period, it is considered that Client has unconditionally agreed to the Payment operation, that has been executed on the Client’s payswix account.
15.7. payswix shall be liable for direct losses occurred after Client’s notification to payswix under Clause 8.5 of the Agreement.
15.8. payswix AJM does not guarantee uninterrupted System system operation, because System system operation may be influenced (disordered) by many factors beyond control of payswixAJM. payswix AJM shall put all efforts to secure as fluent System system operation as possible, however, payswix AJM shall not be liable for consequences originating due to System system operation disorders if such disorders occur not due to the fault of payswixAJM.
15.913.6. The system may not operate due to reasons under control of AJM and AJM shall not provide any compensation for malfunctions which do not depend on the actions of AJM.
13.7. Cases, when payswix AJM limits access to the System system temporarily, but not longer than for 24 (twenty-four) hours, due to the System system repair, development works and other similar cases, and if payswix AJM informs the Client about such cases at least 2 (two) calendar days in advance, shall not be considered System system operation disorders.
15.1013.8. payswix AJM is not liable for:
00.00.013.8.1. xxxxx money withdrawal and transfer from the payswix AJM account and for other Payment payment operations with funds held on the Client's payswix AJM account if the Client had not protected its Security credentialspasswords and identification instruments, and as a result they have become known to other persons, and also for illegal actions and operations of third persons performed using counterfeited and / or and/or illegal documents or illegally received data;
15.10.213.8.2. errors and late or missed transactions made by PSPsbanks, billing systems and other third parties for whose actions payswix is not responsibleparties;
15.10.313.8.3. consequences arising due to disturbances of fulfilment of any payswix G AJM obligations caused by a third party which is beyond control of payswixAJM;
15.10.413.8.4. consequences arising after payswix AJM legally terminates the Agreementagreement, cancels Client’s payswix account or limits access to it, also after reasonable limitation/termination of provision of a part of the Servicesservices;
15.10.513.8.5. goods and services purchased using payswix AJM account, and also for other party, which receives payments from the payswix AJM account, not complying with terms of any agreement;
15.10.6. for assessment and payment of any taxes, duties and other relevant charges that may arise from the Client’s activity with the use of the payswix account or the Services. The Client is solely responsible for assessment and payment of any tax obligations and other relevant duties and charges whatsoever;
15.10.713.8.6. for a failure to fulfil its own contractual obligations and damages in case it was caused due to payswix AJM fulfilling duties determined by the law.
15.1113.9. The Client assures that all actions of the Client related to the execution of the agreement will comply with the applicable law.
13.10. The Client is fully liable for correctness of data, orders and documents submitted to AJM.
13.11. If the Payment payment operation is executed in the currency of a member country to / to/from a foreign country or in the currency of a foreign country, the Client bears all the losses incurred due to the usage of a lost or stolen payment instrument; illegal acquisition of a Payment payment instrument if the client had not protected Security credentials.personalized security features (including identity confirmation instruments)
15.1213.12. The Client bears any losses incurred due to: (i) the usage of a lost or stolen Payment instrument or (ii) illegal acquisition of Payment instrument. The Client also bears any the losses incurred due to unauthorised Payment unauthorized payment operations if the Client has suffered the losses as a result of acting dishonestly or due to its gross negligence or intentionally not fulfilling one or several of the duties indicated below:
00.00.013.12.1. xx to comply with the rules regulating issuance and usage of the Payment payment instrument and / or the Account provided in the Agreement present agreement or its supplements, when using the Payment instrument payment instrument;
13.12.2. if the Client finds out about a loss, theft, illegal acquisition or unauthorized usage of the payment instrument, about facts and / suspicions that personalized security features of its payment instruments have become known to or can be used by third persons, the Client shall notify AJM or the Accountsubject indicated by AJM immediately, in accordance with the rules regulating issuance and usage of the payment instrument provided in the present agreement and its supplements;
00.00.013.12.3. xx notify the Company immediately as prescribed in the Clause 8.5 of the Agreement;
00.00.0. xx to undertake all possible measures to protect Security credentials personalized security features of the Payment instrument and / or the Account.payment
15.13. Where the Client denies having authorised an executed Payment operation or claim that the Payment operation was not correctly executed, the burden shall be on the Client to prove that the Payment operation was not authenticated, was affected by a technical breakdown or some other deficiency of the System.
15.1413.13. The Party party is relieved from the liability for failure to comply with the Agreement agreement in case the Party party proves that the Agreement agreement has not been properly executed due to circumstances of force majeure which are proven in accordance with the procedure established by the law. The Client shall notify payswix by means established in Section 10 of the Agreement AJM about the force majeure in writing within 10 (ten) calendar days after the day of occurrence of such circumstances. payswix AJM shall notify the Client by means established in Section 10 of the Agreement about force majeure circumstances within 7 (seven) calendar days after via email or websites of the day of occurrence of such circumstancessystem.
Appears in 1 contract
Samples: General Payment Service Agreement
Liability of the Parties. 15.1. Each Party is liable for all fines, forfeits and other losses which the other Party incurs due to violation of the Agreement by the guilty Party. The guilty Party undertakes to reimburse direct damages incurred due to such liability to the affected Party.
15.2. The liability of the Parties is established in accordance with the laws and case law of the courts of the Republic of Lithuania. payswix WireWallet is not liable for the Client’s losses resulted through the Client’s fault and / or from lawful actions of the Client’s customers (i.e. i.e., for the goods and services that the Client sell, supply, provide or receive, including without limitation for the quality, performance, safety and legality of such goods or services, as well as for their actual delivery).
15.3. Nothing in this Agreement shall operate to exclude liability for death or personal injury due to negligence or for fraud or fraudulent misrepresentation or for any statutory liability that cannot be excluded or amended by agreement between the Parties.
15.4. payswix WireWallet shall not be liable for any indirect or consequential losses including but not limited to loss of profit, loss of business and loss of reputation, unless otherwise expressly indicated in the laws.
15.5. payswix WireWallet shall only be liable for direct damages caused by direct and essential breach of the Agreement made by payswixWireWallet, and only for damages which could have been foreseen by payswix WireWallet at the time of breaching of the agreement:
15.5.1. the amount of compensation for damages caused by violating the Agreement by payswix WireWallet shall not exceed the average of Commission fees for the last 3 (three) months paid to payswix WireWallet by the Client for provided Services. This restriction is applied for the total amount of all violations of the month. In case the average of 3 (three) months cannot be calculated, the compensation cannot exceed EUR 2,000 (two thousand);
15.5.2. in all cases, payswix WireWallet shall not be liable for non-receipt of profit and income by the Client, loss of reputation of the Client, loss or failure of Client's business, and indirect damages;
15.5.3. limitations of payswix WireWallet liability shall not be applied if such limitations are prohibited by the applicable law.
15.6. payswix WireWallet shall be liable for direct losses of the Client occurred due to unauthorized or incorrectly executed Payment operations (due to payswix WireWallet error) only if the Client notifies payswix WireWallet on becoming aware of any such Payment operation giving rise to a claim and no later than within 3 (three) months after the debit date, save for the cases in this Agreement that explicitly indicates Client’s liability. If the Client does not submit this notification within the indicated time period, it is considered that Client has unconditionally agreed to the Payment operation, that has been executed on the Client’s payswix WireWallet account.
15.7. payswix WireWallet shall be liable for direct losses occurred after Client’s notification to payswix WireWallet under Clause 8.5 of the Agreement.
15.8. payswix WireWallet does not guarantee uninterrupted System operation, because System operation may be influenced (disordered) by many factors beyond control of payswixWireWallet. payswix WireWallet shall put all efforts to secure as fluent System operation as possible, however, payswix WireWallet shall not be liable for consequences originating due to System operation disorders if such disorders occur not due to the fault of payswixWireWallet.
15.9. Cases, when payswix WireWallet limits access to the System temporarily, but not longer than for 24 (twenty-four) hours, due to the System repair, development works and other similar cases, and if payswix WireWallet informs the Client about such cases at least 2 (two) calendar days in advance, shall not be considered System operation disorders.
15.10. payswix WireWallet is not liable for:
00.00.0. xxxxx withdrawal and transfer from the payswix WireWallet account and for other Payment operations with funds held on the Client's payswix WireWallet account if the Client had not protected its Security credentials, and as a result they have become known to other persons, and also for illegal actions and operations of third persons performed using counterfeited and / or illegal documents or illegally received data;
15.10.2. errors and late or missed transactions made by PSPs, billing systems and other third parties for whose actions payswix WireWallet is not responsible;
15.10.3. consequences arising due to disturbances of fulfilment of any payswix WireWallet obligations caused by a third party which is beyond control of payswixWireWallet;
15.10.4. consequences arising after payswix WireWallet legally terminates the Agreement, cancels Client’s payswix account WireWallet Account or limits access to it, also after reasonable limitation/termination of provision of a part of the Services;
15.10.5. goods and services purchased using payswix WireWallet account, and also for other party, which receives payments from the payswix WireWallet account, not complying with terms of any agreement;
15.10.6. for assessment and payment of any taxes, duties and other relevant charges that may arise from the Client’s activity with the use of the payswix WireWallet account or the Services. The Client is solely responsible for assessment and payment of any tax obligations and other relevant duties and charges whatsoever;
15.10.7. for a failure to fulfil its own contractual obligations and damages in case it was caused due to payswix WireWallet fulfilling duties determined by the law.
15.11. If the Payment operation is executed in the currency of a member country to / from a foreign country or in the currency of a foreign country, the Client bears all the losses incurred due to the usage of a lost or stolen payment instrument; illegal acquisition of a Payment instrument if the client had not protected Security credentials.
15.12. The Client bears any losses incurred due to: (i) the usage of a lost or stolen Payment instrument or (ii) illegal acquisition of Payment instrument. The Client also bears any the losses incurred due to unauthorised unauthorized Payment operations if the Client has suffered the losses as a result of acting dishonestly or due to its gross negligence or intentionally not fulfilling one or several of the duties indicated below:
00.00.0. xx comply with the rules regulating issuance and usage of the Payment instrument and / or the Account provided in the Agreement or its supplements, when using the Payment instrument and / or the Account;
00.00.0. xx notify the Company immediately as prescribed in the Clause 8.5 of the Agreement;
00.00.0. xx undertake all possible measures to protect Security credentials of the Payment instrument and / or the Account.
15.13. Where the Client denies having authorised authorized an executed Payment operation or claim that the Payment operation was not correctly executed, the burden shall be on the Client to prove that the Payment operation was not authenticated, was affected by a technical breakdown or some other deficiency of the System.
15.14. The Party is relieved from the liability for failure to comply with the Agreement in case the Party proves that the Agreement has not been properly executed due to circumstances of force majeure which are proven in accordance with the procedure established by the law. The Client shall notify payswix WireWallet by means established in Section 10 of the Agreement about the force majeure within 10 (ten) calendar days after the day of occurrence of such circumstances. payswix WireWallet shall notify the Client by means established in Section 10 of the Agreement about force majeure circumstances within 7 (seven) calendar days after the day of occurrence of such circumstances.
Appears in 1 contract
Samples: General Payment Service Agreement
Liability of the Parties. 15.113.1. Each Party party is liable for all fines, forfeits and other losses which the other Party party incurs due to violation of the Agreement agreement by the guilty Partyparty. The guilty Party party undertakes to reimburse direct damages damage incurred due to such liability to the affected Partyparty.
15.213.2. The liability of the Parties is established in accordance with the laws and case law of the courts of the Republic of Lithuania. payswix PAYUNIONLT is not liable for the Client’s losses resulted through the Client’s fault and / or and/or from lawful actions of the Client’s customers (i.e. for the goods and services that the Client sell, supply, provide or receive, including without limitation for the quality, performance, safety and legality of such goods or services, as well as for their actual delivery)Customer.
15.313.3. Nothing in this Agreement shall operate to exclude liability for death or personal injury due to negligence or for fraud or fraudulent misrepresentation or for any statutory liability that cannot be excluded or amended by agreement between the Partiesparties.
15.413.4. payswix We shall not be liable for any indirect or consequential losses including but not limited to loss of profit, loss of business and loss of reputation, unless otherwise expressly indicated in the laws.
15.513.5. payswix PAYUNIONLT shall only be liable for direct damages caused by direct and essential breach of the Agreement agreement made by payswixXXXXXXXXXX, and only for damages which could have been foreseen by payswix PAYUNIONLT at the time of breaching of the agreement:;
15.5.113.5.1. the amount of compensation for damages caused by violating the Agreement agreement by payswix PAYUNIONLT shall not exceed the average of Commission commission fees for the last 3 (three) months paid to payswix PAYUNIONLT by the Client for provided Servicesservices. This restriction is applied for the total amount of all violations of the month. In case the average of 3 (three) months cannot be calculated, the compensation cannot exceed EUR 2,000 (two thousand);
15.5.213.5.2. in all cases, payswix PAYUNIONLT shall not be liable for non-receipt of profit and income by the Client, loss of reputation of the Client, loss or failure of Client's business, and indirect damages;
15.5.313.5.3. limitations of payswix PAYUNIONLT liability shall not be applied if such limitations are prohibited by the applicable law.
15.613.5.4. payswix shall be liable for direct losses of the Client occurred due to unauthorized or incorrectly executed Payment operations (due to payswix error) only if the Client notifies payswix on becoming aware of any such Payment operation giving rise to a claim and no later than within 3 (three) months after the debit date, save for the cases in this Agreement that explicitly indicates Client’s liability. If the Client does not submit this notification within the indicated time period, it is considered that Client has unconditionally agreed to the Payment operation, that has been executed on the Client’s payswix account.
15.7. payswix shall be liable for direct losses occurred after Client’s notification to payswix under Clause 8.5 of the Agreement.
15.8. payswix PAYUNIONLT does not guarantee uninterrupted System system operation, because System system operation may be influenced (disordered) by many factors beyond control of payswixPAYUNIONLT. payswix PAYUNIONLT shall put all efforts to secure as fluent System system operation as possible, however, payswix PAYUNIONLT shall not be liable for consequences originating due to System system operation disorders if such disorders occur not due to the fault of payswixPAYUNIONLT.
15.913.6. The system may not operate due to reasons under control of PAYUNIONLT and PAYUNIONLT shall not provide any compensation for malfunctions which do not depend on the actions of PAYUNIONLT.
13.7. Cases, when payswix PAYUNIONLT limits access to the System system temporarily, but not longer than for 24 (twenty-four) hours, due to the System system repair, development works and other similar cases, and if payswix PAYUNIONLT informs the Client about such cases at least 2 (two) calendar days in advance, shall not be considered System system operation disorders.
15.1013.8. payswix PAYUNIONLT is not liable for:
00.00.013.8.1. xxxxx money withdrawal and transfer from the payswix PAYUNIONLT account and for other Payment payment operations with funds held on the Client's payswix PAYUNIONLT account if the Client had not protected its Security credentialspasswords and identification instruments, and as a result they have become known to other persons, and also for illegal actions and operations of third persons performed using counterfeited and / or and/or illegal documents or illegally received data;
15.10.2. errors and late or missed transactions made by PSPs, billing systems and other third parties for whose actions payswix is not responsible;
15.10.3. consequences arising due to disturbances of fulfilment of any payswix obligations caused by a third party which is beyond control of payswix;
15.10.413.8.2. consequences arising after payswix PAYUNIONLT legally terminates the Agreementagreement, cancels Client’s payswix account or limits access to it, also after reasonable limitation/termination of provision of a part of the Servicesservices;
15.10.513.8.3. goods and services purchased using payswix PAYUNIONLT account, and also for other party, which receives payments from the payswix PAYUNIONLT account, not complying with terms of any agreement;
15.10.6. for assessment and payment of any taxes, duties and other relevant charges that may arise from the Client’s activity with the use of the payswix account or the Services. The Client is solely responsible for assessment and payment of any tax obligations and other relevant duties and charges whatsoever;
15.10.713.8.4. for a failure to fulfil its own contractual obligations and damages in case it was caused due to payswix PAYUNIONLT fulfilling duties determined by the law.
15.1113.9. The Client assures that all actions of the Client related to the execution of the agreement will comply with the applicable law.
13.10. The Client is fully liable for correctness of data, orders and documents submitted to PAYUNIONLT.
13.11. If the Payment payment operation is executed in the currency of a member country to / to/from a foreign country or in the currency of a foreign country, the Client bears all the losses incurred due to the usage of a lost or stolen payment instrument; illegal acquisition of a Payment payment instrument if the client had not protected Security credentialspersonalised security features (including identity confirmation instruments).
15.1213.12. The Client bears any losses incurred due to: (i) the usage of a lost or stolen Payment instrument or (ii) illegal acquisition of Payment instrument. The Client also bears any the losses incurred due to unauthorised Payment payment operations if the Client has suffered the losses as a result of acting dishonestly or due to its gross negligence or intentionally not fulfilling one or several of the duties indicated below:
00.00.0. xx comply with the rules regulating issuance and usage of the Payment payment instrument and / or the Account provided in the Agreement present agreement or its supplements, when using the Payment instrument payment instrument;
13.12.2. if the Client finds out about a loss, theft, illegal acquisition or unauthorised usage of the payment instrument, about facts and / suspicions that personalised security features of its payment instruments have become known to or can be used by third persons, the Client shall notify PAYUNIONLT or the Account;
00.00.0. xx notify subject indicated by PAYUNIONLT immediately, in accordance with the Company immediately as prescribed rules regulating issuance and usage of the payment instrument provided in the Clause 8.5 of the Agreementpresent agreement and its supplements;
00.00.0. xx undertake all possible measures to protect Security credentials personalised security features of the Payment instrument and / or the Accountpayment.
15.13. Where the Client denies having authorised an executed Payment operation or claim that the Payment operation was not correctly executed, the burden shall be on the Client to prove that the Payment operation was not authenticated, was affected by a technical breakdown or some other deficiency of the System.
15.1413.13. The Party party is relieved from the liability for failure to comply with the Agreement agreement in case the Party party proves that the Agreement agreement has not been properly executed due to circumstances of force majeure which are proven in accordance with the procedure established by the law. The Client shall notify payswix by means established in Section 10 of the Agreement PAYUNIONLT about the force majeure in writing within 10 (ten) calendar days after the day of occurrence of such circumstances. payswix PAYUNIONLT shall notify the Client by means established in Section 10 of the Agreement about force majeure circumstances within 7 (seven) calendar days after via email or websites of the day of occurrence of such circumstancessystem.
Appears in 1 contract
Samples: General Payment Service Agreement
Liability of the Parties. 15.1. Each Party is liable for all fines, forfeits and other losses which the other Party incurs due to violation of the Agreement by the guilty Party. The guilty Party undertakes to reimburse direct damages incurred due to such liability to the affected Party.
15.2. The liability of the Parties is established in accordance with the laws and case law of the courts of the Republic of Lithuania. payswix AJM is not liable for the Client’s losses resulted through the Client’s fault and / or from lawful actions of the Client’s customers (i.e. i.e., for the goods and services that the Client sell, supply, provide or receive, including without limitation for the quality, performance, safety and legality of such goods or services, as well as for their actual delivery).
15.3. Nothing in this Agreement shall operate to exclude liability for death or personal injury due to negligence or for fraud or fraudulent misrepresentation or for any statutory liability that cannot be excluded or amended by agreement between the Parties.
15.4. payswix AJM shall not be liable for any indirect or consequential losses including but not limited to loss of profit, loss of business and loss of reputation, unless otherwise expressly indicated in the laws.
15.5. payswix AJM shall only be liable for direct damages caused by direct and essential breach of the Agreement made by payswixAJM, and only for damages which could have been foreseen by payswix AJM at the time of breaching of the agreement:
15.5.1. the amount of compensation for damages caused by violating the Agreement by payswix AJM shall not exceed the average of Commission fees for the last 3 (three) months paid to payswix AJM by the Client for provided Services. This restriction is applied for the total amount of all violations of the month. In case the average of 3 (three) months cannot be calculated, the compensation cannot exceed EUR 2,000 (two thousand);
15.5.2. in all cases, payswix AJM shall not be liable for non-receipt of profit and income by the Client, loss of reputation of the Client, loss or failure of Client's business, and indirect damages;
15.5.3. limitations of payswix AJM liability shall not be applied if such limitations are prohibited by the applicable law.
15.6. payswix AJM shall be liable for direct losses of the Client occurred due to unauthorized or incorrectly executed Payment operations (due to payswix AJM error) only if the Client notifies payswix AJM on becoming aware of any such Payment operation giving rise to a claim and no later than within 3 (three) months after the debit date, save for the cases in this Agreement that explicitly indicates Client’s liability. If the Client does not submit this notification within the indicated time period, it is considered that Client has unconditionally agreed to the Payment operation, that has been executed on the Client’s payswix AJM account.
15.7. payswix AJM shall be liable for direct losses occurred after Client’s notification to payswix AJM under Clause 8.5 of the Agreement.
15.8. payswix AJM does not guarantee uninterrupted System operation, because System operation may be influenced (disordered) by many factors beyond control of payswixAJM. payswix AJM shall put all efforts to secure as fluent System operation as possible, however, payswix AJM shall not be liable for consequences originating due to System operation disorders if such disorders occur not due to the fault of payswixAJM.
15.9. Cases, when payswix AJM limits access to the System temporarily, but not longer than for 24 (twenty-four) hours, due to the System repair, development works and other similar cases, and if payswix AJM informs the Client about such cases at least 2 (two) calendar days in advance, shall not be considered System operation disorders.
15.10. payswix AJM is not liable for:
00.00.0. xxxxx withdrawal and transfer from the payswix AJM account and for other Payment operations with funds held on the Client's payswix AJM account if the Client had not protected its Security credentials, and as a result they have become known to other persons, and also for illegal actions and operations of third persons performed using counterfeited and / or illegal documents or illegally received data;
15.10.2. errors and late or missed transactions made by PSPs, billing systems and other third parties for whose actions payswix AJM is not responsible;
15.10.3. consequences arising due to disturbances of fulfilment of any payswix AJM obligations caused by a third party which is beyond control of payswixAJM;
15.10.4. consequences arising after payswix AJM legally terminates the Agreement, cancels Client’s payswix AJM account or limits access to it, also after reasonable limitation/termination of provision of a part of the Services;
15.10.5. goods and services purchased using payswix AJM account, and also for other party, which receives payments from the payswix AJM account, not complying with terms of any agreement;
15.10.6. for assessment and payment of any taxes, duties and other relevant charges that may arise from the Client’s activity with the use of the payswix AJM account or the Services. The Client is solely responsible for assessment and payment of any tax obligations and other relevant duties and charges whatsoever;
15.10.7. for a failure to fulfil its own contractual obligations and damages in case it was caused due to payswix AJM fulfilling duties determined by the law.
15.11. If the Payment operation is executed in the currency of a member country to / from a foreign country or in the currency of a foreign country, the Client bears all the losses incurred due to the usage of a lost or stolen payment instrument; illegal acquisition of a Payment instrument if the client had not protected Security credentials.
15.12. The Client bears any losses incurred due to: (i) the usage of a lost or stolen Payment instrument or (ii) illegal acquisition of Payment instrument. The Client also bears any the losses incurred due to unauthorised unauthorized Payment operations if the Client has suffered the losses as a result of acting dishonestly or due to its gross negligence or intentionally not fulfilling one or several of the duties indicated below:
00.00.0. xx comply with the rules regulating issuance and usage of the Payment instrument and / or the Account provided in the Agreement or its supplements, when using the Payment instrument and / or the Account;
00.00.0. xx notify the Company immediately as prescribed in the Clause 8.5 of the Agreement;
00.00.0. xx undertake all possible measures to protect Security credentials of the Payment instrument and / or the Account.
15.13. Where the Client denies having authorised authorized an executed Payment operation or claim that the Payment operation was not correctly executed, the burden shall be on the Client to prove that the Payment operation was not authenticated, was affected by a technical breakdown or some other deficiency of the System.
15.14. The Party is relieved from the liability for failure to comply with the Agreement in case the Party proves that the Agreement has not been properly executed due to circumstances of force majeure which are proven in accordance with the procedure established by the law. The Client shall notify payswix AJM by means established in Section 10 of the Agreement about the force majeure within 10 (ten) calendar days after the day of occurrence of such circumstances. payswix AJM shall notify the Client by means established in Section 10 of the Agreement about force majeure circumstances within 7 (seven) calendar days after the day of occurrence of such circumstances.
Appears in 1 contract
Samples: Payment Service Agreement
Liability of the Parties. 15.1. Each Party is liable for all fines, forfeits and other losses which the other Party incurs due to violation of the Agreement by the guilty Party. The guilty Party undertakes to reimburse direct damages incurred due to such liability to the affected Party.
15.2. The liability of the Parties is established in accordance with the laws and case law of the courts of the Republic of Lithuania. payswix is not liable for the Client’s losses resulted through the Client’s fault and / or from lawful actions of the Client’s customers (i.e. for the goods and services that the Client sell, supply, provide or receive, including without limitation for the quality, performance, safety and legality of such goods or services, as well as for their actual delivery).
15.3. Nothing in this Agreement shall operate to exclude liability for death or personal injury due to negligence or for fraud or fraudulent misrepresentation or for any statutory liability that cannot be excluded or amended by agreement between the Parties.
15.4. payswix shall not be liable for any indirect or consequential losses including but not limited to loss of profit, loss of business and loss of reputation, unless otherwise expressly indicated in the laws.
15.5. payswix shall only be liable for direct damages caused by direct and essential breach of the Agreement made by payswix, and only for damages which could have been foreseen by payswix at the time of breaching of the agreement:
15.5.1. the amount of compensation for damages caused by violating the Agreement by payswix shall not exceed the average of Commission fees for the last 3 (three) months paid to payswix by the Client for provided Services. This restriction is applied for the total amount of all violations of the month. In case the average of 3 (three) months cannot be calculated, the compensation cannot exceed EUR 2,000 (two thousand);
15.5.2. in all cases, payswix shall not be liable for non-receipt of profit and income by the Client, loss of reputation of the Client, loss or failure of Client's business, and indirect damages;
15.5.3. limitations of payswix liability shall not be applied if such limitations are prohibited by the applicable law.
15.6. payswix shall be liable for direct losses of the Client occurred due to unauthorized or incorrectly executed Payment operations (due to payswix error) only if the Client notifies payswix on becoming aware of any such Payment operation giving rise to a claim and no later than within 3 (three) months after the debit date, save for the cases in this Agreement that explicitly indicates Client’s liability. If the Client does not submit this notification within the indicated time period, it is considered that Client has unconditionally agreed to the Payment operation, that has been executed on the Client’s payswix account.
15.7. payswix shall be liable for direct losses occurred after Client’s notification to payswix under Clause 8.5 of the Agreement.
15.8. payswix does not guarantee uninterrupted System operation, because System operation may be influenced (disordered) by many factors beyond control of payswix. payswix shall put all efforts to secure as fluent System operation as possible, however, payswix shall not be liable for consequences originating due to System operation disorders if such disorders occur not due to the fault of payswix.
15.9. Cases, when payswix limits access to the System temporarily, but not longer than for 24 (twenty-four) hours, due to the System repair, development works and other similar cases, and if payswix informs the Client about such cases at least 2 (two) calendar days in advance, shall not be considered System operation disorders.
15.10. payswix is not liable for:
00.00.0. xxxxx withdrawal and transfer from the payswix account and for other Payment operations with funds held on the Client's payswix account if the Client had not protected its Security credentials, and as a result they have become known to other persons, and also for illegal actions and operations of third persons performed using counterfeited and / or illegal documents or illegally received data;
15.10.2. errors and late or missed transactions made by PSPs, billing systems and other third parties for whose actions payswix is not responsible;
15.10.3. consequences arising due to disturbances of fulfilment of any payswix obligations caused by a third party which is beyond control of payswix;
15.10.4. consequences arising after payswix legally terminates the Agreement, cancels Client’s payswix account payswixaccount or limits access to it, also after reasonable limitation/termination of provision of a part of the Services;
15.10.5. goods and services purchased using payswix account, and also for other party, which receives payments from the payswix account, not complying with terms of any agreement;
15.10.6. for assessment and payment of any taxes, duties and other relevant charges that may arise from the Client’s activity with the use of the payswix account or the Services. The Client is solely responsible for assessment and payment of any tax obligations and other relevant duties and charges whatsoever;
15.10.7. for a failure to fulfil its own contractual obligations and damages in case it was caused due to payswix fulfilling duties determined by the law.
15.11. If the Payment operation is executed in the currency of a member country to / from a foreign country or in the currency of a foreign country, the Client bears all the losses incurred due to the usage of a lost or stolen payment instrument; illegal acquisition of a Payment instrument if the client had not protected Security credentials.
15.12. The Client bears any losses incurred due to: (i) the usage of a lost or stolen Payment instrument or (ii) illegal acquisition of Payment instrument. The Client also bears any the losses incurred due to unauthorised Payment operations if the Client has suffered the losses as a result of acting dishonestly or due to its gross negligence or intentionally not fulfilling one or several of the duties indicated below:
00.00.0. xx comply with the rules regulating issuance and usage of the Payment instrument and / or the Account provided in the Agreement or its supplements, when using the Payment instrument and / or the Account;
00.00.0. xx notify the Company immediately as prescribed in the Clause 8.5 of the Agreement;
00.00.0. xx undertake all possible measures to protect Security credentials of the Payment instrument and / or the Account.
15.13. Where the Client denies having authorised an executed Payment operation or claim that the Payment operation was not correctly executed, the burden shall be on the Client to prove that the Payment operation was not authenticated, was affected by a technical breakdown or some other deficiency of the System.
15.14. The Party is relieved from the liability for failure to comply with the Agreement in case the Party proves that the Agreement has not been properly executed due to circumstances of force majeure which are proven in accordance with the procedure established by the law. The Client shall notify payswix by means established in Section 10 of the Agreement about the force majeure within 10 (ten) calendar days after the day of occurrence of such circumstances. payswix shall notify the Client by means established in Section 10 of the Agreement about force majeure circumstances within 7 (seven) calendar days after the day of occurrence of such circumstances.
Appears in 1 contract
Samples: General Payment Service Agreement
Liability of the Parties. 15.1. Each Party is liable for all fines, forfeits and other losses which the other Party incurs due to violation of the Agreement by the guilty Party. The guilty Party undertakes to reimburse direct damages incurred due to such liability to the affected Party.
15.2. The liability of the Parties is established in accordance with the laws and case law of the courts of the Republic of Lithuania. payswix COXIPAY is not liable for the Client’s losses resulted through the Client’s fault and / or from lawful actions of the Client’s customers (i.e. i.e., for the goods and services that the Client sell, supply, provide or receive, including without limitation for the quality, performance, safety and legality of such goods or services, as well as for their actual delivery).
15.3. Nothing in this Agreement shall operate to exclude liability for death or personal injury due to negligence or for fraud or fraudulent misrepresentation or for any statutory liability that cannot be excluded or amended by agreement between the Parties.
15.4. payswix COXIPAY shall not be liable for any indirect or consequential losses including but not limited to loss of profit, loss of business and loss of reputation, unless otherwise expressly indicated in the laws.
15.5. payswix COXIPAY shall only be liable for direct damages caused by direct and essential breach of the Agreement made by payswixXXXXXXX, and only for damages which could have been foreseen by payswix COXIPAY at the time of breaching of the agreement:
15.5.1. the amount of compensation for damages caused by violating the Agreement by payswix COXIPAY shall not exceed the average of Commission fees for the last 3 (three) months paid to payswix COXIPAY by the Client for provided Services. This restriction is applied for the total amount of all violations of the month. In case the average of 3 (three) months cannot be calculated, the compensation cannot exceed EUR 2,000 (two thousand);
15.5.2. in all cases, payswix COXIPAY shall not be liable for non-receipt of profit and income by the Client, loss of reputation of the Client, loss or failure of Client's business, and indirect damages;
15.5.3. limitations of payswix COXIPAY liability shall not be applied if such limitations are prohibited by the applicable law.
15.6. payswix COXIPAY shall be liable for direct losses of the Client occurred due to unauthorized or incorrectly executed Payment operations (due to payswix COXIPAY error) only if the Client notifies payswix COXIPAY on becoming aware of any such Payment operation giving rise to a claim and no later than within 3 (three) months after the debit date, save for the cases in this Agreement that explicitly indicates Client’s liability. If the Client does not submit this notification within the indicated time period, it is considered that Client has unconditionally agreed to the Payment operation, that has been executed on the Client’s payswix COXIPAY account.
15.7. payswix COXIPAY shall be liable for direct losses occurred after Client’s notification to payswix COXIPAY under Clause 8.5 of the Agreement.
15.8. payswix COXIPAY does not guarantee uninterrupted System operation, because System operation may be influenced (disordered) by many factors beyond control of payswixCOXIPAY. payswix COXIPAY shall put all efforts to secure as fluent System operation as possible, however, payswix COXIPAY shall not be liable for consequences originating due to System operation disorders if such disorders occur not due to the fault of payswixCOXIPAY.
15.9. Cases, when payswix COXIPAY limits access to the System temporarily, but not longer than for 24 (twenty-four) hours, due to the System repair, development works and other similar cases, and if payswix COXIPAY informs the Client about such cases at least 2 (two) calendar days in advance, shall not be considered System operation disorders.
15.10. payswix COXIPAY is not liable for:
00.00.0. xxxxx withdrawal and transfer from the payswix COXIPAY account and for other Payment operations with funds held on the Client's payswix COXIPAY account if the Client had not protected its Security credentials, and as a result they have become known to other persons, and also for illegal actions and operations of third persons performed using counterfeited and / or illegal documents or illegally received data;
15.10.2. errors and late or missed transactions made by PSPs, billing systems and other third parties for whose actions payswix COXIPAY is not responsible;
15.10.3. consequences arising due to disturbances of fulfilment of any payswix COXIPAY obligations caused by a third party which is beyond control of payswixCOXIPAY;
15.10.4. consequences arising after payswix COXIPAY legally terminates the Agreement, cancels Client’s payswix COXIPAY account or limits access to it, also after reasonable limitation/termination of provision of a part of the Services;
15.10.5. goods and services purchased using payswix COXIPAY account, and also for other party, which receives payments from the payswix COXIPAY account, not complying with terms of any agreement;
15.10.6. for assessment and payment of any taxes, duties and other relevant charges that may arise from the Client’s activity with the use of the payswix COXIPAY account or the Services. The Client is solely responsible for assessment and payment of any tax obligations and other relevant duties and charges whatsoever;
15.10.7. for a failure to fulfil its own contractual obligations and damages in case it was caused due to payswix COXIPAY fulfilling duties determined by the law.
15.11. If the Payment operation is executed in the currency of a member country to / from a foreign country or in the currency of a foreign country, the Client bears all the losses incurred due to the usage of a lost or stolen payment instrument; illegal acquisition of a Payment instrument if the client had not protected Security credentials.
15.12. The Client bears any losses incurred due to: (i) the usage of a lost or stolen Payment instrument or (ii) illegal acquisition of Payment instrument. The Client also bears any the losses incurred due to unauthorised unauthorized Payment operations if the Client has suffered the losses as a result of acting dishonestly or due to its gross negligence or intentionally not fulfilling one or several of the duties indicated below:
00.00.0. xx comply with the rules regulating issuance and usage of the Payment instrument and / or the Account provided in the Agreement or its supplements, when using the Payment instrument and / or the Account;
00.00.0. xx notify the Company immediately as prescribed in the Clause 8.5 of the Agreement;
00.00.0. xx undertake all possible measures to protect Security credentials of the Payment instrument and / or the Account.
15.13. Where the Client denies having authorised authorized an executed Payment operation or claim that the Payment operation was not correctly executed, the burden shall be on the Client to prove that the Payment operation was not authenticated, was affected by a technical breakdown or some other deficiency of the System.
15.14. The Party is relieved from the liability for failure to comply with the Agreement in case the Party proves that the Agreement has not been properly executed due to circumstances of force majeure which are proven in accordance with the procedure established by the law. The Client shall notify payswix COXIPAY by means established in Section 10 of the Agreement about the force majeure within 10 (ten) calendar days after the day of occurrence of such circumstances. payswix COXIPAY shall notify the Client by means established in Section 10 of the Agreement about force majeure circumstances within 7 (seven) calendar days after the day of occurrence of such circumstances.
Appears in 1 contract
Samples: Payment Service Agreement
Liability of the Parties. 15.113.1. Each Party party is liable for all fines, forfeits and other losses which the other Party party incurs due to violation of the Agreement agreement by the guilty Partyparty. The guilty Party party undertakes to reimburse direct damages damage incurred due to such liability to the affected Partyparty.
15.213.2. The liability of the Parties is established in accordance with the laws and case law of the courts of the Republic of Lithuania. payswix E2E is not liable for the Client’s losses resulted through the Client’s fault and / or and/or from lawful actions of the Client’s customers (i.e. for the goods and services that the Client sell, supply, provide or receive, including without limitation for the quality, performance, safety and legality of such goods or services, as well as for their actual delivery)Customer.
15.313.3. Nothing in this Agreement shall operate to exclude liability for death or personal injury due to negligence or for fraud or fraudulent misrepresentation or for any statutory liability that cannot be excluded or amended by agreement between the Partiesparties.
15.413.4. payswix We shall not be liable for any indirect or consequential losses including but not limited to loss of profit, loss of business and loss of reputation, unless otherwise expressly indicated in the laws.
15.513.5. payswix E2E shall only be liable for direct damages caused by direct and essential breach of the Agreement agreement made by payswixE2E, and only for damages which could have been foreseen by payswix E2E at the time of breaching of the agreement:;
15.5.113.5.1. the amount of compensation for damages caused by violating the Agreement agreement by payswix E2E shall not exceed the average of Commission commission fees for the last 3 (three) months paid to payswix E2E by the Client for provided Servicesservices. This restriction is applied for the total amount of all violations of the month. In case the average of 3 (three) months cannot be calculated, the compensation cannot exceed EUR 2,000 (two thousand);
15.5.213.5.2. in all cases, payswix E2E shall not be liable for non-receipt of profit and income by the Client, loss of reputation of the Client, loss or failure of Client's ’s business, and indirect damages;
15.5.313.5.3. limitations of payswix E2E liability shall not be applied if such limitations are prohibited by the applicable law.
15.613.5.4. payswix shall be liable for direct losses of the Client occurred due to unauthorized or incorrectly executed Payment operations (due to payswix error) only if the Client notifies payswix on becoming aware of any such Payment operation giving rise to a claim and no later than within 3 (three) months after the debit date, save for the cases in this Agreement that explicitly indicates Client’s liability. If the Client does not submit this notification within the indicated time period, it is considered that Client has unconditionally agreed to the Payment operation, that has been executed on the Client’s payswix account.
15.7. payswix shall be liable for direct losses occurred after Client’s notification to payswix under Clause 8.5 of the Agreement.
15.8. payswix E2E does not guarantee uninterrupted System system operation, because System system operation may be influenced (disordered) by many factors beyond control of payswix. payswix X0X. X0X shall put all efforts to secure as fluent System system operation as possible, however, payswix E2E shall not be liable for consequences originating due to System system operation disorders if such disorders occur not due to the fault of payswix.E2E.
15.913.6. The system may not operate due to reasons under control of E2E and E2E shall not provide any compensation for malfunctions which do not depend on the actions of E2E.
13.7. Cases, when payswix E2E limits access to the System system temporarily, but not longer than for 24 (twenty-four) hours, due to the System system repair, development works and other similar cases, and if payswix E2E informs the Client about such cases at least 2 (two) calendar days in advance, shall not be considered System system operation disorders.
15.10. payswix is not liable for:
00.00.0. xxxxx withdrawal and transfer from the payswix account and for other Payment operations with funds held on the Client's payswix account if the Client had not protected its Security credentials, and as a result they have become known to other persons, and also for illegal actions and operations of third persons performed using counterfeited and / or illegal documents or illegally received data;
15.10.2. errors and late or missed transactions made by PSPs, billing systems and other third parties for whose actions payswix is not responsible;
15.10.3. consequences arising due to disturbances of fulfilment of any payswix obligations caused by a third party which is beyond control of payswix;
15.10.4. consequences arising after payswix legally terminates the Agreement, cancels Client’s payswix account or limits access to it, also after reasonable limitation/termination of provision of a part of the Services;
15.10.5. goods and services purchased using payswix account, and also for other party, which receives payments from the payswix account, not complying with terms of any agreement;
15.10.6. for assessment and payment of any taxes, duties and other relevant charges that may arise from the Client’s activity with the use of the payswix account or the Services. The Client is solely responsible for assessment and payment of any tax obligations and other relevant duties and charges whatsoever;
15.10.7. for a failure to fulfil its own contractual obligations and damages in case it was caused due to payswix fulfilling duties determined by the law.
15.11. If the Payment operation is executed in the currency of a member country to / from a foreign country or in the currency of a foreign country, the Client bears all the losses incurred due to the usage of a lost or stolen payment instrument; illegal acquisition of a Payment instrument if the client had not protected Security credentials.
15.12. The Client bears any losses incurred due to: (i) the usage of a lost or stolen Payment instrument or (ii) illegal acquisition of Payment instrument. The Client also bears any the losses incurred due to unauthorised Payment operations if the Client has suffered the losses as a result of acting dishonestly or due to its gross negligence or intentionally not fulfilling one or several of the duties indicated below:
00.00.0. xx comply with the rules regulating issuance and usage of the Payment instrument and / or the Account provided in the Agreement or its supplements, when using the Payment instrument and / or the Account;
00.00.0. xx notify the Company immediately as prescribed in the Clause 8.5 of the Agreement;
00.00.0. xx undertake all possible measures to protect Security credentials of the Payment instrument and / or the Account.
15.13. Where the Client denies having authorised an executed Payment operation or claim that the Payment operation was not correctly executed, the burden shall be on the Client to prove that the Payment operation was not authenticated, was affected by a technical breakdown or some other deficiency of the System.
15.14. The Party is relieved from the liability for failure to comply with the Agreement in case the Party proves that the Agreement has not been properly executed due to circumstances of force majeure which are proven in accordance with the procedure established by the law. The Client shall notify payswix by means established in Section 10 of the Agreement about the force majeure within 10 (ten) calendar days after the day of occurrence of such circumstances. payswix shall notify the Client by means established in Section 10 of the Agreement about force majeure circumstances within 7 (seven) calendar days after the day of occurrence of such circumstances.
Appears in 1 contract
Samples: General Payment Service Agreement
Liability of the Parties. 15.113.1. Each Party party is liable for all fines, forfeits and other losses which the other Party party incurs due to violation of the Agreement agreement by the guilty Partyparty. The guilty Party party undertakes to reimburse direct damages damage incurred due to such liability to the affected Partyparty.
15.213.2. The liability of the Parties is established in accordance with the laws and case law of the courts of the Republic of Lithuania. payswix AJM is not liable for the Client’s losses resulted through the Client’s fault and / or and/or from lawful actions of the Client’s customers (i.e. for the goods and services that the Client sell, supply, provide or receive, including without limitation for the quality, performance, safety and legality of such goods or services, as well as for their actual delivery)Customer.
15.313.3. Nothing in this Agreement shall operate to exclude liability for death or personal injury due to negligence or for fraud or fraudulent misrepresentation or for any statutory liability that cannot be excluded or amended by agreement between the Partiesparties.
15.413.4. payswix We shall not be liable for any indirect or consequential losses including but not limited to loss of profit, loss of business and loss of reputation, unless otherwise expressly indicated in the laws.
15.513.5. payswix AJM shall only be liable for direct damages caused by direct and essential breach of the Agreement agreement made by payswixAJM, and only for damages which could have been foreseen by payswix AJM at the time of breaching of the agreement:;
15.5.113.5.1. the amount of compensation for damages caused by violating the Agreement agreement by payswix AJM shall not exceed the average of Commission commission fees for the last 3 (three) months paid to payswix AJM by the Client for provided Servicesservices. This restriction is applied for the total amount of all violations of the month. In case the average of 3 (three) months cannot be calculated, the compensation cannot exceed EUR 2,000 1,000 (two one thousand);
15.5.213.5.2. in all cases, payswix AJM shall not be liable for non-receipt of profit and income by the Client, loss of reputation of the Client, loss or failure of Client's business, and indirect damages;
15.5.313.5.3. limitations of payswix AJM liability shall not be applied if such limitations are prohibited by the applicable law.
15.613.5.4. payswix shall be liable for direct losses of the Client occurred due to unauthorized or incorrectly executed Payment operations (due to payswix error) only if the Client notifies payswix on becoming aware of any such Payment operation giving rise to a claim and no later than within 3 (three) months after the debit date, save for the cases in this Agreement that explicitly indicates Client’s liability. If the Client does not submit this notification within the indicated time period, it is considered that Client has unconditionally agreed to the Payment operation, that has been executed on the Client’s payswix account.
15.7. payswix shall be liable for direct losses occurred after Client’s notification to payswix under Clause 8.5 of the Agreement.
15.8. payswix AJM does not guarantee uninterrupted System system operation, because System system operation may be influenced (disordered) by many factors beyond control of payswixAJM. payswix AJM shall put all efforts to secure as fluent System system operation as possible, however, payswix AJM shall not be liable for consequences originating due to System system operation disorders if such disorders occur not due to the fault of payswixAJM.
15.913.6. The system may not operate due to reasons under control of AJM and AJM shall not provide any compensation for malfunctions which do not depend on the actions of AJM.
13.7. Cases, when payswix AJM limits access to the System system temporarily, but not longer than for 24 (twenty-four) hours, due to the System system repair, development works and other similar cases, and if payswix AJM informs the Client about such cases at least 2 (two) calendar days in advance, shall not be considered System system operation disorders.
15.1013.8. payswix AJM is not liable for:
00.00.013.8.1. xxxxx money withdrawal and transfer from the payswix AJM account and for other Payment payment operations with funds held on the Client's payswix AJM account if the Client had not protected its Security credentialspasswords and identification instruments, and as a result they have become known to other persons, and also for illegal actions and operations of third persons performed using counterfeited and / or and/or illegal documents or illegally received data;
15.10.2. errors and late or missed transactions made by PSPs, billing systems and other third parties for whose actions payswix is not responsible;
15.10.3. consequences arising due to disturbances of fulfilment of any payswix obligations caused by a third party which is beyond control of payswix;
15.10.413.8.2. consequences arising after payswix AJM legally terminates the Agreementagreement, cancels Client’s payswix account or limits access to it, also after reasonable limitation/termination of provision of a part of the Servicesservices;
15.10.513.8.3. goods and services purchased using payswix AJM account, and also for other party, which receives payments from the payswix AJM account, not complying with terms of any agreement;
15.10.6. for assessment and payment of any taxes, duties and other relevant charges that may arise from the Client’s activity with the use of the payswix account or the Services. The Client is solely responsible for assessment and payment of any tax obligations and other relevant duties and charges whatsoever;
15.10.713.8.4. for a failure to fulfil its own contractual obligations and damages in case it was caused due to payswix AJM fulfilling duties determined by the law.
15.1113.9. The Client assures that all actions of the Client related to the execution of the agreement will comply with the applicable law.
13.10. The Client is fully liable for correctness of data, orders and documents submitted to AJM.
13.11. If the Payment payment operation is executed in the currency of a member country to / to/from a foreign country or in the currency of a foreign country, the Client bears all the losses incurred due to the usage of a lost or stolen payment instrument; illegal acquisition of a Payment payment instrument if the client had not protected Security credentialspersonalised security features (including identity confirmation instruments).
15.1213.12. The Client bears any losses incurred due to: (i) the usage of a lost or stolen Payment instrument or (ii) illegal acquisition of Payment instrument. The Client also bears any the losses incurred due to unauthorised Payment payment operations if the Client has suffered the losses as a result of acting dishonestly or due to its gross negligence or intentionally not fulfilling one or several of the duties indicated below:
00.00.013.12.1. xx to comply with the rules regulating issuance and usage of the Payment payment instrument and / or the Account provided in the Agreement present agreement or its supplements, when using the Payment instrument payment instrument;
13.12.2. if the Client finds out about a loss, theft, illegal acquisition or unauthorised usage of the payment instrument, about facts and / suspicions that personalised security features of its payment instruments have become known to or can be used by third persons, the Client shall notify AJM or the Accountsubject indicated by AJM immediately, in accordance with the rules regulating issuance and usage of the payment instrument provided in the present agreement and its supplements;
00.00.013.12.3. xx notify the Company immediately as prescribed in the Clause 8.5 of the Agreement;
00.00.0. xx to undertake all possible measures to protect Security credentials personalised security features of the Payment instrument and / or the Accountpayment.
15.13. Where the Client denies having authorised an executed Payment operation or claim that the Payment operation was not correctly executed, the burden shall be on the Client to prove that the Payment operation was not authenticated, was affected by a technical breakdown or some other deficiency of the System.
15.1413.13. The Party party is relieved from the liability for failure to comply with the Agreement agreement in case the Party party proves that the Agreement agreement has not been properly executed due to circumstances of force majeure which are proven in accordance with the procedure established by the law. The Client shall notify payswix by means established in Section 10 of the Agreement AJM about the force majeure in writing within 10 (ten) calendar days after the day of occurrence of such circumstances. payswix AJM shall notify the Client by means established in Section 10 of the Agreement about force majeure circumstances within 7 (seven) calendar days after via email or websites of the day of occurrence of such circumstancessystem.
Appears in 1 contract
Samples: General Payment Service Agreement
Liability of the Parties. 15.1. Each Party is liable for all fines, forfeits and other losses which the other Party incurs due to violation of the Agreement by the guilty Party. The guilty Party undertakes to reimburse direct damages incurred due to such liability to the affected Party.
15.2. The liability of the Parties is established in accordance with the laws and case law of the courts of the Republic of Lithuania. payswix E2E is not liable for the Client’s losses resulted through the Client’s fault and / or from lawful actions of the Client’s customers (i.e. i.e., for the goods and services that the Client sell, supply, provide or receive, including without limitation for the quality, performance, safety and legality of such goods or services, as well as for their actual delivery).
15.3. Nothing in this Agreement shall operate to exclude liability for death or personal injury due to negligence or for fraud or fraudulent misrepresentation or for any statutory liability that cannot be excluded or amended by agreement between the Parties.
15.4. payswix E2E shall not be liable for any indirect or consequential losses including but not limited to loss of profit, loss of business and loss of reputation, unless otherwise expressly indicated in the laws.
15.5. payswix E2E shall only be liable for direct damages caused by direct and essential breach of the Agreement made by payswixE2E, and only for damages which could have been foreseen by payswix E2E at the time of breaching of the agreement:
15.5.1. the amount of compensation for damages caused by violating the Agreement by payswix E2E shall not exceed the average of Commission fees for the last 3 (three) months paid to payswix E2E by the Client for provided Services. This restriction is applied for the total amount of all violations of the month. In case the average of 3 (three) months cannot be calculated, the compensation cannot exceed EUR 2,000 (two thousand);
15.5.2. in all cases, payswix E2E shall not be liable for non-receipt of profit and income by the Client, loss of reputation of the Client, loss or failure of Client's business, and indirect damages;
15.5.3. limitations of payswix E2E liability shall not be applied if such limitations are prohibited by the applicable law.
15.6. payswix E2E shall be liable for direct losses of the Client occurred due to unauthorized or incorrectly executed Payment operations (due to payswix E2E error) only if the Client notifies payswix E2E on becoming aware of any such Payment operation giving rise to a claim and no later than within 3 (three) months after the debit date, save for the cases in this Agreement that explicitly indicates Client’s liability. If the Client does not submit this notification within the indicated time period, it is considered that Client has unconditionally agreed to the Payment operation, that has been executed on the Client’s payswix E2E account.
15.7. payswix E2E shall be liable for direct losses occurred after Client’s notification to payswix E2E under Clause 8.5 of the Agreement.
15.8. payswix E2E does not guarantee uninterrupted System operation, because System operation may be influenced (disordered) by many factors beyond control of payswix. payswix E2E. E2E shall put all efforts to secure as fluent System operation as possible, however, payswix E2E shall not be liable for consequences originating due to System operation disorders if such disorders occur not due to the fault of payswix.E2E.
15.9. Cases, when payswix E2E limits access to the System temporarily, but not longer than for 24 (twenty-four) hours, due to the System repair, development works and other similar cases, and if payswix E2E informs the Client about such cases at least 2 (two) calendar days in advance, shall not be considered System operation disorders.
15.10. payswix E2E is not liable for:
00.00.0. xxxxx withdrawal and transfer from the payswix E2E account and for other Payment operations with funds held on the Client's payswix E2E account if the Client had not protected its Security credentials, and as a result they have become known to other persons, and also for illegal actions and operations of third persons performed using counterfeited and / or illegal documents or illegally received data;
15.10.2. errors and late or missed transactions made by PSPs, billing systems and other third parties for whose actions payswix E2E is not responsible;
15.10.3. consequences arising due to disturbances of fulfilment of any payswix E2E obligations caused by a third party which is beyond control of payswixE2E;
15.10.4. consequences arising after payswix E2E legally terminates the Agreement, cancels Client’s payswix account E2Eaccount or limits access to it, also after reasonable limitation/termination of provision of a part of the Services;
15.10.5. goods and services purchased using payswix E2E account, and also for other party, which receives payments from the payswix E2E account, not complying with terms of any agreement;
15.10.6. for assessment and payment of any taxes, duties and other relevant charges that may arise from the Client’s activity with the use of the payswix E2E account or the Services. The Client is solely responsible for assessment and payment of any tax obligations and other relevant duties and charges whatsoever;
15.10.7. for a failure to fulfil its own contractual obligations and damages in case it was caused due to payswix E2E fulfilling duties determined by the law.
15.11. If the Payment operation is executed in the currency of a member country to / from a foreign country or in the currency of a foreign country, the Client bears all the losses incurred due to the usage of a lost or stolen payment instrument; illegal acquisition of a Payment instrument if the client had not protected Security credentials.
15.12. The Client bears any losses incurred due to: (i) the usage of a lost or stolen Payment instrument or (ii) illegal acquisition of Payment instrument. The Client also bears any the losses incurred due to unauthorised unauthorized Payment operations if the Client has suffered the losses as a result of acting dishonestly or due to its gross negligence or intentionally not fulfilling one or several of the duties indicated below:
00.00.0. xx comply with the rules regulating issuance and usage of the Payment instrument and / or the Account provided in the Agreement or its supplements, when using the Payment instrument and / or the Account;
00.00.0. xx notify the Company immediately as prescribed in the Clause 8.5 of the Agreement;
00.00.0. xx undertake all possible measures to protect Security credentials of the Payment instrument and / or the Account.
15.13. Where the Client denies having authorised authorized an executed Payment operation or claim that the Payment operation was not correctly executed, the burden shall be on the Client to prove that the Payment operation was not authenticated, was affected by a technical breakdown or some other deficiency of the System.
15.14. The Party is relieved from the liability for failure to comply with the Agreement in case the Party proves that the Agreement has not been properly executed due to circumstances of force majeure which are proven in accordance with the procedure established by the law. The Client shall notify payswix E2E by means established in Section 10 of the Agreement about the force majeure within 10 (ten) calendar days after the day of occurrence of such circumstances. payswix E2E shall notify the Client by means established in Section 10 of the Agreement about force majeure circumstances within 7 (seven) calendar days after the day of occurrence of such circumstances.
Appears in 1 contract
Samples: General Payment Service Agreement
Liability of the Parties. 15.113.1. Each Party party is liable for all fines, forfeits and other losses which the other Party party incurs due to violation of the Agreement agreement by the guilty Partyparty. The guilty Party party undertakes to reimburse direct damages damage incurred due to such liability to the affected Partyparty.
15.213.2. The liability of the Parties is established in accordance with the laws and case law of the courts of the Republic of Lithuania. payswix PAYUNIONLT is not liable for the Client’s losses resulted through the Client’s fault and / or and/or from lawful actions of the Client’s customers (i.e. for the goods and services that the Client sell, supply, provide or receive, including without limitation for the quality, performance, safety and legality of such goods or services, as well as for their actual delivery)Customer.
15.313.3. Nothing in this Agreement shall operate to exclude liability for death or personal injury due to negligence or for fraud or fraudulent misrepresentation or for any statutory liability that cannot be excluded or amended by agreement between the Partiesparties.
15.413.4. payswix We shall not be liable for any indirect or consequential losses including but not limited to loss of profit, loss of business and loss of reputation, unless otherwise expressly indicated in the laws.
15.513.5. payswix PAYUNIONLT shall only be liable for direct damages caused by direct and essential breach of the Agreement agreement made by payswixPAYUNIONLT, and only for damages which could have been foreseen by payswix PAYUNIONLT at the time of breaching of the agreement:;
15.5.113.5.1. the amount of compensation for damages caused by violating the Agreement agreement by payswix PAYUNIONLT shall not exceed the average of Commission commission fees for the last 3 (three) months paid to payswix PAYUNIONLT by the Client for provided Servicesservices. This restriction is applied for the total amount of all violations of the month. In case the average of 3 (three) months cannot be calculated, the compensation cannot exceed EUR 2,000 (two thousand);
15.5.213.5.2. in all cases, payswix PAYUNIONLT shall not be liable for non-receipt of profit and income by the Client, loss of reputation of the Client, loss or failure of Client's business, and indirect damages;
15.5.313.5.3. limitations of payswix PAYUNIONLT liability shall not be applied if such limitations are prohibited by the applicable law.
15.613.5.4. payswix shall be liable for direct losses of the Client occurred due to unauthorized or incorrectly executed Payment operations (due to payswix error) only if the Client notifies payswix on becoming aware of any such Payment operation giving rise to a claim and no later than within 3 (three) months after the debit date, save for the cases in this Agreement that explicitly indicates Client’s liability. If the Client does not submit this notification within the indicated time period, it is considered that Client has unconditionally agreed to the Payment operation, that has been executed on the Client’s payswix account.
15.7. payswix shall be liable for direct losses occurred after Client’s notification to payswix under Clause 8.5 of the Agreement.
15.8. payswix PAYUNIONLT does not guarantee uninterrupted System system operation, because System system operation may be influenced (disordered) by many factors beyond control of payswixPAYUNIONLT. payswix PAYUNIONLT shall put all efforts to secure as fluent System system operation as possible, however, payswix PAYUNIONLT shall not be liable for consequences originating due to System system operation disorders if such disorders occur not due to the fault of payswixPAYUNIONLT.
15.913.6. The system may not operate due to reasons under control of PAYUNIONLT and PAYUNIONLT shall not provide any compensation for malfunctions which do not depend on the actions of PAYUNIONLT.
13.7. Cases, when payswix PAYUNIONLT limits access to the System system temporarily, but not longer than for 24 (twenty-four) hours, due to the System system repair, development works and other similar cases, and if payswix PAYUNIONLT informs the Client about such cases at least 2 (two) calendar days in advance, shall not be considered System system operation disorders.
15.1013.8. payswix PAYUNIONLT is not liable for:
00.00.013.8.1. xxxxx money withdrawal and transfer from the payswix PAYUNIONLT account and for other Payment payment operations with funds held on the Client's payswix PAYUNIONLT account if the Client had not protected its Security credentialspasswords and identification instruments, and as a result they have become known to other persons, and also for illegal actions and operations of third persons performed using counterfeited and / or and/or illegal documents or illegally received data;
15.10.213.8.2. errors and late or missed transactions made by PSPsbanks, billing systems and other third parties for whose actions payswix is not responsibleparties;
15.10.313.8.3. consequences arising due to disturbances of fulfilment of any payswix PAYUNIONLT obligations caused by a third party which is beyond control of payswixPAYUNIONLT;
15.10.413.8.4. consequences arising after payswix PAYUNIONLT legally terminates the Agreementagreement, cancels Client’s payswix account or limits access to it, also after reasonable limitation/termination of provision of a part of the Servicesservices;
15.10.513.8.5. goods and services purchased using payswix PAYUNIONLT account, and also for other party, which receives payments from the payswix PAYUNIONLT account, not complying with terms of any agreement;
15.10.6. for assessment and payment of any taxes, duties and other relevant charges that may arise from the Client’s activity with the use of the payswix account or the Services. The Client is solely responsible for assessment and payment of any tax obligations and other relevant duties and charges whatsoever;
15.10.713.8.6. for a failure to fulfil its own contractual obligations and damages in case it was caused due to payswix PAYUNIONLT fulfilling duties determined by the law.
15.1113.9. The Client assures that all actions of the Client related to the execution of the agreement will comply with the applicable law.
13.10. The Client is fully liable for correctness of data, orders and documents submitted to PAYUNIONLT.
13.11. If the Payment payment operation is executed in the currency of a member country to / to/from a foreign country or in the currency of a foreign country, the Client bears all the losses incurred due to the usage of a lost or stolen payment instrument; illegal acquisition of a Payment payment instrument if the client had not protected Security credentials.personalized security features (including identity confirmation instruments)
15.1213.12. The Client bears any losses incurred due to: (i) the usage of a lost or stolen Payment instrument or (ii) illegal acquisition of Payment instrument. The Client also bears any the losses incurred due to unauthorised Payment unauthorized payment operations if the Client has suffered the losses as a result of acting dishonestly or due to its gross negligence or intentionally not fulfilling one or several of the duties indicated below:
00.00.013.12.1. xx to comply with the rules regulating issuance and usage of the Payment payment instrument and / or the Account provided in the Agreement present agreement or its supplements, when using the Payment instrument payment instrument;
13.12.2. if the Client finds out about a loss, theft, illegal acquisition or unauthorized usage of the payment instrument, about facts and / suspicions that personalized security features of its payment instruments have become known to or can be used by third persons, the Client shall notify PAYUNIONLT or the Accountsubject indicated by PAYUNIONLT immediately, in accordance with the rules regulating issuance and usage of the payment instrument provided in the present agreement and its supplements;
00.00.013.12.3. xx notify the Company immediately as prescribed in the Clause 8.5 of the Agreement;
00.00.0. xx to undertake all possible measures to protect Security credentials personalized security features of the Payment instrument and / or the Account.payment
15.13. Where the Client denies having authorised an executed Payment operation or claim that the Payment operation was not correctly executed, the burden shall be on the Client to prove that the Payment operation was not authenticated, was affected by a technical breakdown or some other deficiency of the System.
15.1413.13. The Party party is relieved from the liability for failure to comply with the Agreement agreement in case the Party party proves that the Agreement agreement has not been properly executed due to circumstances of force majeure which are proven in accordance with the procedure established by the law. The Client shall notify payswix by means established in Section 10 of the Agreement PAYUNIONLT about the force majeure in writing within 10 (ten) calendar days after the day of occurrence of such circumstances. payswix PAYUNIONLT shall notify the Client by means established in Section 10 of the Agreement about force majeure circumstances within 7 (seven) calendar days after via email or websites of the day of occurrence of such circumstancessystem.
Appears in 1 contract
Samples: General Payment Service Agreement
Liability of the Parties. 15.113.1. Each Party party is liable for all fines, forfeits and other losses which the other Party party incurs due to violation of the Agreement agreement by the guilty Partyparty. The guilty Party party undertakes to reimburse direct damages damage incurred due to such liability to the affected Partyparty.
15.213.2. The liability of the Parties is established in accordance with the laws and case law of the courts of the Republic of Lithuania. payswix PAYUNIONLT is not liable for the Client’s losses resulted through the Client’s fault and / or and/or from lawful actions of the Client’s customers (i.e. for the goods and services that the Client sell, supply, provide or receive, including without limitation for the quality, performance, safety and legality of such goods or services, as well as for their actual delivery)Customer.
15.313.3. Nothing in this Agreement shall operate to exclude liability for death or personal injury due to negligence or for fraud or fraudulent misrepresentation or for any statutory liability that cannot be excluded or amended by agreement between the Partiesparties.
15.413.4. payswix We shall not be liable for any indirect or consequential losses including but not limited to loss of profit, loss of business and loss of reputation, unless otherwise expressly indicated in the laws.
15.513.5. payswix PAYUNIONLT shall only be liable for direct damages caused by direct and essential breach of the Agreement agreement made by payswixPAYUNIONLT, and only for damages which could have been foreseen by payswix PAYUNIONLT at the time of breaching of the agreement:;
15.5.113.5.1. the amount of compensation for damages caused by violating the Agreement agreement by payswix PAYUNIONLT shall not exceed the average of Commission commission fees for the last 3 (three) months paid to payswix PAYUNIONLT by the Client for provided Servicesservices. This restriction is applied for the total amount of all violations of the month. In case the average of 3 (three) months cannot be calculated, the compensation cannot exceed EUR 2,000 (two thousand);
15.5.213.5.2. in all cases, payswix PAYUNIONLT shall not be liable for non-receipt of profit and income by the Client, loss of reputation of the Client, loss or failure of Client's business, and indirect damages;
15.5.313.5.3. limitations of payswix PAYUNIONLT liability shall not be applied if such limitations are prohibited by the applicable law.
15.613.5.4. payswix shall be liable for direct losses of the Client occurred due to unauthorized or incorrectly executed Payment operations (due to payswix error) only if the Client notifies payswix on becoming aware of any such Payment operation giving rise to a claim and no later than within 3 (three) months after the debit date, save for the cases in this Agreement that explicitly indicates Client’s liability. If the Client does not submit this notification within the indicated time period, it is considered that Client has unconditionally agreed to the Payment operation, that has been executed on the Client’s payswix account.
15.7. payswix shall be liable for direct losses occurred after Client’s notification to payswix under Clause 8.5 of the Agreement.
15.8. payswix PAYUNIONLT does not guarantee uninterrupted System system operation, because System system operation may be influenced (disordered) by many factors beyond control of payswixPAYUNIONLT. payswix PAYUNIONLT shall put all efforts to secure as fluent System system operation as possible, however, payswix PAYUNIONLT shall not be liable for consequences originating due to System system operation disorders if such disorders occur not due to the fault of payswixPAYUNIONLT.
15.913.6. The system may not operate due to reasons under control of PAYUNIONLT and PAYUNIONLT shall not provide any compensation for malfunctions which do not depend on the actions of PAYUNIONLT.
13.7. Cases, when payswix PAYUNIONLT limits access to the System system temporarily, but not longer than for 24 (twenty-four) hours, due to the System system repair, development works and other similar cases, and if payswix PAYUNIONLT informs the Client about such cases at least 2 (two) calendar days in advance, shall not be considered System system operation disorders.
15.1013.8. payswix PAYUNIONLT is not liable for:
00.00.013.8.1. xxxxx money withdrawal and transfer from the payswix PAYUNIONLT account and for other Payment payment operations with funds held on the Client's payswix PAYUNIONLT account if the Client had not protected its Security credentialspasswords and identification instruments, and as a result they have become known to other persons, and also for illegal actions and operations of third persons performed using counterfeited and / or and/or illegal documents or illegally received data;
15.10.2. errors and late or missed transactions made by PSPs, billing systems and other third parties for whose actions payswix is not responsible;
15.10.3. consequences arising due to disturbances of fulfilment of any payswix obligations caused by a third party which is beyond control of payswix;
15.10.413.8.2. consequences arising after payswix PAYUNIONLT legally terminates the Agreementagreement, cancels Client’s payswix account or limits access to it, also after reasonable limitation/termination of provision of a part of the Servicesservices;
15.10.513.8.3. goods and services purchased using payswix PAYUNIONLT account, and also for other party, which receives payments from the payswix PAYUNIONLT account, not complying with terms of any agreement;
15.10.6. for assessment and payment of any taxes, duties and other relevant charges that may arise from the Client’s activity with the use of the payswix account or the Services. The Client is solely responsible for assessment and payment of any tax obligations and other relevant duties and charges whatsoever;
15.10.713.8.4. for a failure to fulfil its own contractual obligations and damages in case it was caused due to payswix PAYUNIONLT fulfilling duties determined by the law.
15.1113.9. The Client assures that all actions of the Client related to the execution of the agreement will comply with the applicable law.
13.10. The Client is fully liable for correctness of data, orders and documents submitted to PAYUNIONLT.
13.11. If the Payment payment operation is executed in the currency of a member country to / to/from a foreign country or in the currency of a foreign country, the Client bears all the losses incurred due to the usage of a lost or stolen payment instrument; illegal acquisition of a Payment payment instrument if the client had not protected Security credentialspersonalised security features (including identity confirmation instruments).
15.1213.12. The Client bears any losses incurred due to: (i) the usage of a lost or stolen Payment instrument or (ii) illegal acquisition of Payment instrument. The Client also bears any the losses incurred due to unauthorised Payment payment operations if the Client has suffered the losses as a result of acting dishonestly or due to its gross negligence or intentionally not fulfilling one or several of the duties indicated below:
00.00.0. xx comply with the rules regulating issuance and usage of the Payment payment instrument and / or the Account provided in the Agreement present agreement or its supplements, when using the Payment instrument payment instrument;
13.12.2. if the Client finds out about a loss, theft, illegal acquisition or unauthorised usage of the payment instrument, about facts and / suspicions that personalised security features of its payment instruments have become known to or can be used by third persons, the Client shall notify PAYUNIONLT or the Account;
00.00.0. xx notify subject indicated by PAYUNIONLT immediately, in accordance with the Company immediately as prescribed rules regulating issuance and usage of the payment instrument provided in the Clause 8.5 of the Agreementpresent agreement and its supplements;
00.00.0. xx undertake all possible measures to protect Security credentials personalised security features of the Payment instrument and / or the Accountpayment.
15.13. Where the Client denies having authorised an executed Payment operation or claim that the Payment operation was not correctly executed, the burden shall be on the Client to prove that the Payment operation was not authenticated, was affected by a technical breakdown or some other deficiency of the System.
15.1413.13. The Party party is relieved from the liability for failure to comply with the Agreement agreement in case the Party party proves that the Agreement agreement has not been properly executed due to circumstances of force majeure which are proven in accordance with the procedure established by the law. The Client shall notify payswix by means established in Section 10 of the Agreement PAYUNIONLT about the force majeure in writing within 10 (ten) calendar days after the day of occurrence of such circumstances. payswix PAYUNIONLT shall notify the Client by means established in Section 10 of the Agreement about force majeure circumstances within 7 (seven) calendar days after via email or websites of the day of occurrence of such circumstancessystem.
Appears in 1 contract
Samples: General Payment Service Agreement
