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 damage incurred due to such liability to the affected Party. In all cases, liability of Paysera under the Agreement is limited by the following provisions: 15.1.1. Paysera shall only be liable for direct damages caused by direct and essential breach of the Agreement made by Paysera, and only for damages which could have been foreseen by Paysera at the time of breaching of the Agreement; 15.1.2. The compensation for losses caused by Paysera in case of violation of this Agreement cannot exceed the average of the last 3 (three) months of Commission fees paid by the Client to Paysera for the services provided. This restriction applies to all infringements for that month combined. If the average of 3 (three) months cannot be calculated, then the compensation cannot exceed the limit of 2 000 (two thousand) EUR (an amount equivalent to this amount in other currencies, if the Services are provided in another currency); 15.1.3. In all cases, Paysera will not be responsible for the Client's lost profits and income, loss of reputation, loss or collapse of business, indirect losses; 15.1.4. Paysera's limitations of liability will not apply if such limitations are prohibited by applicable law. 15.2. Paysera does not guarantee uninterrupted operation of the System, as the operation of the System can be affected (disturbed) by many factors beyond Paysera's control. Paysera will try to guarantee the smoothest possible operation of the System, but Paysera will not be responsible for the consequences arising from malfunctions of the System, if such malfunctions are not due to Paysera's fault. 15.3. Due to reasons under Xxxxxxx's control, the System may not work, and Paysera will not provide compensation for this, if the System was available more than 99% (ninety-nine per cent) of the total time, calculated as an average of at least 3 (three) months. 15.4. The cases when Paysera temporarily, but not longer than 24 (twenty-four) hours, limits access to the System due to System repair, improvement works and other similar cases, and if Paysera informs the Client about such cases at least 2 (two) calendar days in advance. 15.5. Paysera is not responsible for: 15.5.1. for debiting and transferring money from the Paysera Account, as well as for other Payment operations with the money in the Client's Paysera Account, if the Client has not protected their Passwords or means of identification and as a result they have become known to other persons, as well as for criminal actions or operations of third parties, made using forged and/or illegal documents or illegally obtained data; 15.5.2. errors and late or missed transactions made by banks, billing systems, and other third parties; 15.5.3. consequences arising due to disturbances of fulfilment of any Paysera obligations caused by a third party which is beyond the control of Paysera; 15.5.4. consequences arising after Paysera legally terminates the Agreement, cancels the Client’s Profile or limits access to it, also after reasonable limitation or termination of provision of a part of the Services; 15.5.5. goods and services purchased using the Paysera Account, and also for the other party, which receives payments from the Paysera Account, not complying with terms of any agreement; 15.5.6. for a failure to fulfil its own contractual obligations and damages, in case it was caused due to Paysera fulfilling duties determined by the law. 15.6. The Client assures that all actions of the Client related to the execution of the Agreement will comply with the applicable law. 15.7. The Client is fully liable for correctness of data, orders, and documents submitted to Paysera. 15.8. If Paysera becomes aware of an unauthorised Payment Transaction, Paysera shall return the amount of the unauthorised Payment Transaction to the Client and, where appropriate, restore the balance of the Account, from which the amount has been debited, to the point before the unauthorised transaction was carried out, except for the cases where Paysera has reasons to suspect fraudulent activity and reports these reasons to the supervisory authority. 15.9. If the User denies authorising a Payment Transaction which has been authorised or states that the Payment Transaction has been executed improperly, Paysera is obliged to prove that the authenticity of the Payment Transaction has been confirmed, it has been registered properly and recorded into accounts, and it has not been affected by any technical or any other glitches. 15.10. The User may incur losses of up to 50 (fifty) EUR (an amount equivalent to this amount in other currencies, if the Services are provided in another currency) as a result of unauthorised Payment transactions, if those losses are incurred due to the use of a lost or stolen Payment Instrument or the unauthorised appropriation of the Payment Instrument. 15.11. If the Client is not a User and/or the Payment transaction is carried out in the currency of a member state to or from a foreign country or in the currency of a foreign country, the Client bears all losses arising from the reasons specified in Clause 15.10 of the Agreement. 15.12. The Client bears any losses incurred due to unauthorised Payment Transactions if the Client has suffered the losses as a result of acting dishonestly or due to their gross negligence or intentionally not fulfilling one or several of the duties indicated below: 15.12.1. to comply with the rules regulating the issuance and usage of the Payment Instrument provided in the present Agreement or its Supplements, when using the Payment Instrument; 15.12.2. if the Client finds out about a loss, theft, illegal misappropriation or unauthorised use of the Payment Instrument, about facts and suspicions that personalised security features of their Payment Instruments have become known to or can be used by third persons, the Client shall notify Paysera or the subject indicated by Paysera immediately, in accordance with the rules regulating the issuance and usage of the Payment Instrument provided in the present Agreement and its Supplements; 15.12.3. to undertake all possible measures to protect the personalised security data of the Payment Instrument after the Payment Instrument has been issued. 15.13. After the Client submits the notice referred to in Clause 14.5 of the Agreement to Paysera with a request to block the Payment Instrument, the Client's losses arising from the lost, stolen or illegally appropriated Payment Instrument shall be borne by Paysera, except in cases where the Client acted dishonestly. The provisions of this clause apply only to the User. 15.14. In case Paysera does not ensure the possibility to immediately notify about a lost, stolen, or illegally misappropriated Payment Instrument, also in the cases where Paysera does not require Strong Customer Authentication, Paysera shall bear the losses incurred due to unauthorised use of the Payment Instrument, except for cases of dishonesty of the Client. Provisions of this clause are applied only to the User. 15.15. The Client shall check information about Payment Transactions performed in the Account at least once a month and notify Paysera about unauthorised or improperly executed Payment Transactions, also about any other errors, inconsistencies, or inaccuracies in the Statement. The notification shall be submitted not later than 60 (sixty) calendar days after the day when Paysera, according to the Client, has performed the unauthorised Payment Transaction or has performed the Payment Transaction improperly. The User shall notify Paysera about an unauthorised or improperly executed Payment Transaction in a currency of a member country to the country of the EU in writing not later than 13 (thirteen) months after the day of debiting money from the payment account. If the Client does not submit the specified notifications within the time period indicated, it is considered that the Client has unconditionally agreed to the Payment Transactions that had been executed on the payment account. The Client shall submit to Paysera any information about illegal logins to the Profile, or other illegal actions related to the Account, and undertake all reasonable measures indicated by Paysera in order to help in investigating the illegal actions. 15.16. 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 executed due to circumstances of force majeure, which are proven in accordance with the procedure established by the law. The Client shall notify Paysera about the force majeure in writing within 10 (ten) calendar days after the day of occurrence of such circumstances. Paysera shall notify the Client about force majeure circumstances via email or through the websites of the System.
Appears in 7 contracts
Samples: General Payment Services Agreement, General Payment Services Agreement for Private Clients, General Payment Services 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 damage incurred due to such liability to the affected Party. In all cases, the liability of Paysera under the Agreement is limited by the following provisions:
15.1.1. Paysera shall only be liable for direct damages caused by direct and essential breach of the Agreement made by Paysera, and only for damages which could have been foreseen by Paysera at the time of breaching of the Agreement;
15.1.2. The the amount of compensation for losses damages caused by violating the Agreement by Paysera in case of violation of this Agreement canshall not exceed the average of Commission Fees for the last 3 (three) months of Commission fees paid to Paysera by the Client to Paysera for the services providedprovided services. This restriction applies to is applied for the total amount of all infringements for that month combinedviolations of the month. If In case the average of 3 (three) months cannot be calculated, then the compensation cannot exceed the limit of 2 000 (two thousand) EUR (an amount equivalent to this amount in other currencies, if the Services are provided in another currency);
15.1.3. In in all cases, Paysera will shall not be responsible liable for non-receipt of profit and income by the Client, loss of reputation of the Client, loss or failure of the Client's lost profits and income, loss of reputation, loss or collapse of business, and indirect lossesdamages;
15.1.4. Paysera's limitations of liability will of Paysera shall not apply be applied if such limitations are prohibited by the applicable law.
15.2. Paysera does not guarantee uninterrupted System operation, because System operation of the System, as the operation of the System can may be affected (disturbeddisordered) by many factors beyond the control of Paysera's control. Paysera will try shall put all efforts to guarantee the smoothest possible secure as fluent System operation of the Systemas possible, but however, Paysera will shall not be responsible liable for the consequences arising from malfunctions of the Systemoriginating due to System operation disorders, if such malfunctions are disorders occur not due to the fault of Paysera's fault.
15.3. Due The System may not operate due to reasons under Xxxxxxx's control, the System may not work, control of Paysera and Paysera will shall not provide any compensation for this, malfunctions if the System was available has been accessible for more than 99% (ninety-nine per cent) of the total all time, calculated as an calculating the average of at least 3 (three) months.
15.4. The cases Cases, when Paysera limits access to the System temporarily, but not longer than for 24 (twenty-four) hours, limits access to the System due to System repair, improvement works development works, and other similar cases, and if Paysera informs the Client about such cases at least 2 (two) calendar days in advance, shall not be considered System operation disorders.
15.5. Paysera is not responsible liable for:
15.5.1. for debiting money withdrawal and transferring money transfer from the Paysera Account, as well as Account and for other Payment operations Transactions with the money funds held in the Client's Paysera Account, Account if the Client has had not protected their Passwords or means of and identification instruments, and as a result they have become known to other persons, as well as and also for criminal illegal actions or operations and transactions of third parties, made persons performed using forged counterfeited and/or illegal documents or illegally obtained received data;
15.5.2. errors and late or missed transactions made by banks, billing systems, and other third parties;
15.5.3. consequences arising due to disturbances of fulfilment of any Paysera obligations caused by a third party which is beyond the control of Paysera;
15.5.4. consequences arising after Paysera legally terminates the Agreement, cancels the Client’s Profile or limits access to it, also after reasonable limitation or termination of provision of a part of the Services;
15.5.5. goods and services purchased using the a Paysera Account, and also for the other party, which receives payments from the Paysera Account, not complying with terms of any agreement;
15.5.6. for a failure to fulfil its own contractual obligations and damages, in case it was caused due to Paysera fulfilling duties determined by the law.
15.6. The Client assures that all actions of the Client related to the execution of the Agreement will comply with the applicable law.
15.7. The Client is fully liable for correctness of data, orders, and documents submitted to Paysera.
15.8. If Paysera becomes aware of an unauthorised Payment Transaction, Paysera shall return the amount of the unauthorised Payment Transaction to the Client and, where appropriate, restore the balance of the Account, Account from which the amount has been debited, to the point before the unauthorised transaction was carried out, except for the cases where Paysera Xxxxxxx has reasons to suspect fraudulent activity and reports these reasons to the supervisory authority.
15.9. If The Client bears all the User denies authorising a Payment Transaction which has been authorised or states losses that the Payment Transaction has been executed improperly, Paysera is obliged have arisen due to prove that the authenticity of the Payment Transaction has been confirmed, it has been registered properly and recorded into accounts, and it has not been affected by any technical or any other glitches.
15.10. The User may incur losses of up to 50 (fifty) EUR (an amount equivalent to this amount in other currencies, if the Services are provided in another currency) as a result of unauthorised Payment transactions, Transactions if those these losses are have been incurred due to to: the use of a lost or stolen Payment Instrument; illegal acquisition of a Payment Instrument or if the unauthorised appropriation of the Payment InstrumentClient has not protected their personalised security features (including identity confirmation instruments).
15.11. If the Client is not a User and/or the Payment transaction is carried out in the currency of a member state to or from a foreign country or in the currency of a foreign country, the Client bears all losses arising from the reasons specified in Clause 15.10 of the Agreement.
15.1215.10. The Client bears may bear any losses incurred due to unauthorised Payment Transactions if the Client has suffered the losses as a result of acting dishonestly or due to their gross negligence or intentionally not fulfilling one or several of the duties indicated below:
15.12.115.10.1. to comply with the rules regulating the issuance and usage of the Payment Instrument provided in the present Agreement or its Supplements, when using the Payment Instrument;
15.12.215.10.2. if the Client finds out about a loss, theft, illegal misappropriation acquisition, or unauthorised use usage of the Payment Instrument, about facts and suspicions that personalised security features of their Payment Instruments have become known to or can be used by third persons, the Client shall notify Paysera or the subject indicated by Paysera immediately, in accordance with the rules regulating the issuance and usage of the Payment Instrument provided in the present Agreement and its Supplements;
15.12.315.10.3. to undertake all possible measures to protect the personalised security data of the Payment Instrument after the Payment Instrument has been issued.
15.13. After the Client submits the notice referred to in Clause 14.5 of the Agreement to Paysera with a request to block the Payment Instrument, the Client's losses arising from the lost, stolen or illegally appropriated Payment Instrument shall be borne by Paysera, except in cases where the Client acted dishonestly. The provisions of this clause apply only to the User.
15.14. In case Paysera does not ensure the possibility to immediately notify about a lost, stolen, or illegally misappropriated Payment Instrument, also in the cases where Paysera does not require Strong Customer Authentication, Paysera shall bear the losses incurred due to unauthorised use of the Payment Instrument, except for cases of dishonesty of the Client. Provisions of this clause are applied only to the User.
15.1515.11. The Client shall check information about Payment Transactions performed in the Account at least once a month and notify Paysera about unauthorised or improperly executed Payment Transactions, also about any other errors, inconsistencies, inconsistencies or inaccuracies in the Statement. The notification shall be submitted not later than 60 (sixty) calendar days after the day when Paysera, according to the Client, has performed the unauthorised Payment Transaction or has performed the Payment Transaction improperly. The User shall notify Paysera about an unauthorised or improperly executed Payment Transaction in a currency of a member country to the country of the EU in writing not later than 13 (thirteen) months after the day of debiting money from the payment account. If the Client does not submit the specified notifications within the time period indicated, it is considered that the Client has unconditionally agreed to the Payment Transactions that had been executed on the payment account. The Client shall submit to Paysera any information about illegal logins to the Profile, Account or other illegal actions related to the Account, and undertake all reasonable measures indicated by Paysera in order to help in investigating the illegal actions.
15.1615.12. 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 executed due to circumstances of force majeure, which are proven in accordance with the procedure established by the law. The Client shall notify Paysera about the force majeure in writing within 10 (ten) calendar days after the day of occurrence of such circumstances. Paysera shall notify the Client about force majeure circumstances via email or through the websites of the System.
Appears in 3 contracts
Samples: General Payment Services Agreement, General Payment Services Agreement, General Payment Services Agreement
Liability of the Parties. 15.114.1. 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 damage incurred due to such liability to the affected Party. In all cases, liability of Paysera under the Agreement is limited by the following provisions:
15.1.114.1.1. Paysera shall only be liable for direct damages caused by direct and essential breach of the Agreement made by Paysera, and only for damages which could have been foreseen by Paysera at the time of breaching of the Agreement;
15.1.214.1.2. The the amount of compensation for losses damages caused by violating the Agreement by Paysera in case of violation of this Agreement canshall not exceed the average of Commission Fees for the last 3 (three) months of Commission fees paid to Paysera by the Client to Paysera for the services providedprovided services. This restriction applies to is applied for the total amount of all infringements for that month combinedviolations of the month. If In case the average of 3 (three) months cannot be calculated, then the compensation cannot exceed the limit of 2 000 2000 EUR (two thousand) EUR (an amount equivalent to this amount in other currencies, if the Services are provided in another currencythousand euro);
15.1.314.1.3. In in all cases, Paysera will shall not be responsible liable for non-receipt of profit and income by the Client's lost profits and income, loss of reputationreputation of the Client, loss or collapse failure of Client's business, and indirect lossesdamages;
15.1.414.1.4. Paysera's limitations of Paysera liability will shall not apply be applied if such limitations are prohibited by the applicable law.
15.214.2. Paysera does not guarantee uninterrupted System operation, because System operation of the System, as the operation of the System can may be affected (disturbeddisordered) by many factors beyond the control of Paysera's control. Paysera will try shall put all efforts to guarantee the smoothest possible secure as fluent System operation of the Systemas possible, but however, Paysera will shall not be responsible liable for the consequences arising from malfunctions of the Systemoriginating due to System operation disorders, if such malfunctions are disorders occur not due to the fault of Paysera's fault.
15.314.3. Due The System may not operate due to reasons under Xxxxxxx's control, the System may not work, control of Paysera and Paysera will shall not provide any compensation for this, malfunctions if the System was available has been accessible for more than 99% (ninety-ninety nine per centpercent) of the total all time, calculated as an calculating the average of at least 3 (three) months.
15.414.4. The cases Cases, when Paysera limits access to the System temporarily, but not longer than for 24 (twenty-twenty four) hours, limits access to the System due to System repair, improvement works development works, and other similar cases, and if Paysera informs the Client about such cases at least 2 (two) calendar days in advance, shall not be considered System operation disorders.
15.514.5. Paysera is not responsible liable for:
15.5.114.5.1. for debiting money withdrawal and transferring money transfer from the Paysera Account, as well as Account and for other Payment operations Transactions with the money funds held in the Client's Paysera Account, Account if the Client has had not protected their Passwords or means of and identification instruments, and as a result they have become known to other persons, as well as and also for criminal illegal actions or operations and transactions of third parties, made persons performed using forged counterfeited and/or illegal documents or illegally obtained received data;
15.5.214.5.2. errors and late or missed transactions made by banks, billing systems, and other third parties;
15.5.314.5.3. consequences arising due to disturbances of fulfilment of any Paysera obligations caused by a third party which is beyond the control of Paysera;
15.5.414.5.4. consequences arising after Paysera legally terminates the Agreement, cancels the Client’s Profile or limits access to it, also after reasonable limitation or termination of provision of a part of the Services;
15.5.514.5.5. goods and services purchased using the Paysera Account, and also for the other party, which receives payments from the Paysera Account, not complying with terms of any agreement;
15.5.614.5.6. for a failure to fulfil its own contractual obligations and damages, in case it was caused due to Paysera fulfilling duties determined by the law.
15.614.6. The Client assures that all actions of the Client related to the execution of the Agreement will comply with the applicable law.
15.714.7. The Client is fully liable for correctness of data, orders, and documents submitted to Paysera.
15.814.8. If Paysera becomes aware of an unauthorised Payment Transaction, Paysera shall return the amount of the unauthorised Payment Transaction to the Client and, where appropriate, restore the balance of the Account, from which the amount has been debited, to the point before the unauthorised transaction was carried out, except for the cases where Paysera has reasons to suspect fraudulent activity and reports these reasons to the supervisory authority.
15.914.9. If the User denies authorising a Payment Transaction which has been authorised or states that the Payment Transaction has been executed improperly, Paysera is obliged to prove that the authenticity of the Payment Transaction has been confirmed, it has been registered properly and recorded into accounts, and it has not been affected by any technical or any other glitches.
15.1014.10. The User may incur bear all the losses that have arisen due to unauthorised Payment Transactions for the amount of up to 50 (fifty) EUR (an amount equivalent to this amount in other currencieseuro, if the Services are provided in another currency) as a result of unauthorised Payment transactions, if those these losses are have been incurred due to to: the use of a lost or stolen Payment Instrument or the unauthorised appropriation illegal misappropriation of the a Payment Instrument.
15.1114.11. If the Client is not a User and/or or the Payment transaction Transaction is carried out executed in the currency of a member state to or country to/from a foreign country or in the currency of a foreign country, the Client bears all the losses arising from incurred due to the reasons specified provided for in Clause 15.10 of the Agreementclause 14.10.
15.1214.12. The Client bears any losses incurred due to unauthorised Payment Transactions if the Client has suffered the losses as a result of acting dishonestly or due to their gross negligence or intentionally not fulfilling one or several of the duties indicated below:
15.12.114.12.1. to comply with the rules regulating the issuance and usage of the Payment Instrument provided in the present Agreement or its Supplements, when using the Payment Instrument;
15.12.214.12.2. if the Client finds out about a loss, theft, illegal misappropriation or unauthorised use of the Payment Instrument, about facts and suspicions that personalised security features of their Payment Instruments have become known to or can be used by third persons, the Client shall notify Paysera or the subject indicated by Paysera immediately, in accordance with the rules regulating the issuance and usage of the Payment Instrument provided in the present Agreement and its Supplements;
15.12.314.12.3. to undertake all possible measures to protect the personalised security data of the Payment Instrument after the Payment Instrument has been issued.
15.1314.13. After the Client submits the notice referred to a notificataion, as specified in Clause 14.5 of the Agreement to Paysera clause 13.5., with a request to block the Payment Instrument, Paysera shall bear the Client's losses arising from of the Client incurred due to the lost, stolen stolen, or illegally appropriated acquired Payment Instrument shall be borne by PayseraInstrument, except in for cases where of dishonesty of the Client acted dishonestlyClient. The provisions Provisions of this clause apply are applied only to the User.
15.1414.14. In case Paysera does not ensure the possibility to immediately notify about a lost, stolen, or illegally misappropriated Payment Instrument, also in the cases where Paysera does not require Strong Customer Authentication, Paysera shall bear the losses incurred due to unauthorised use of the Payment Instrument, except for cases of dishonesty of the Client. Provisions of this clause are applied only to the User.
15.1514.15. The Client shall check information about Payment Transactions performed in the Account at least once a month and notify Paysera about unauthorised or improperly executed Payment Transactions, also about any other errors, inconsistencies, or inaccuracies in the Statement. The notification shall be submitted not later than 60 (sixty) calendar days after the day when Paysera, according to the Client, has performed the unauthorised Payment Transaction or has performed the Payment Transaction improperly. The User shall notify Paysera about an unauthorised or improperly executed Payment Transaction in a currency of a member country to the country of the EU in writing not later than 13 (thirteen) months after the day of debiting money from the payment account. If the Client does not submit the specified notifications within the time period indicated, it is considered that the Client has unconditionally agreed to the Payment Transactions that had been executed on the payment account. The Client shall submit to Paysera any information about illegal logins to the Profile, or other illegal actions related to the Account, and undertake all reasonable measures indicated by Paysera in order to help in investigating the illegal actions.
15.1614.16. 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 executed due to circumstances of force majeure, which are proven in accordance with the procedure established by the law. The Client shall notify Paysera about the force majeure in writing within 10 (ten) calendar days after the day of occurrence of such circumstances. Paysera shall notify the Client about force majeure circumstances via email or through the websites of the System.
Appears in 2 contracts
Samples: General Payment Services Agreement, General Payment Services Agreement
Liability of the Parties. 15.114.1. 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 damage incurred due to such liability to the affected Party. In all cases, the liability of Paysera under the Agreement is limited by the following provisions:
15.1.114.1.1. Paysera shall only be liable for direct damages caused by direct and essential breach of the Agreement made by Paysera, and only for damages which could have been foreseen by Paysera at the time of breaching of the Agreement;
15.1.214.1.2. The the amount of compensation for losses damages caused by violating the Agreement by Paysera in case of violation of this Agreement canshall not exceed the average of Commission Fees for the last 3 (three) months of Commission fees paid to Paysera by the Client to Paysera for the services providedprovided services. This restriction applies to is applied for the total amount of all infringements for that month combinedviolations of the month. If In case the average of 3 (three) months cannot be calculated, then the compensation cannot exceed the limit of 2 000 2000 EUR (two thousand) EUR (an amount equivalent to this amount in other currencies, if the Services are provided in another currencythousand euro);
15.1.314.1.3. In in all cases, Paysera will shall not be responsible liable for non-receipt of profit and income by the Client, loss of reputation of the Client, loss or failure of the Client's lost profits and income, loss of reputation, loss or collapse of business, and indirect lossesdamages;
15.1.414.1.4. Paysera's limitations of liability will of Paysera shall not apply be applied if such limitations are prohibited by the applicable law.
15.214.2. Paysera does not guarantee uninterrupted System operation, because System operation of the System, as the operation of the System can may be affected (disturbeddisordered) by many factors beyond the control of Paysera's control. Paysera will try shall put all efforts to guarantee the smoothest possible secure as fluent System operation of the Systemas possible, but however, Paysera will shall not be responsible liable for the consequences arising from malfunctions of the Systemoriginating due to System operation disorders, if such malfunctions are disorders occur not due to the fault of Paysera's fault.
15.314.3. Due The System may not operate due to reasons under Xxxxxxx's control, the System may not work, control of Paysera and Paysera will shall not provide any compensation for this, malfunctions if the System was available has been accessible for more than 99% (ninety-ninety nine per centpercent) of the total all time, calculated as an calculating the average of at least 3 (three) months.
15.414.4. The cases Cases, when Paysera limits access to the System temporarily, but not longer than for 24 (twenty-twenty four) hours, limits access to the System due to System repair, improvement works development works, and other similar cases, and if Paysera informs the Client about such cases at least 2 (two) calendar days in advance, shall not be considered System operation disorders.
15.514.5. Paysera is not responsible liable for:
15.5.114.5.1. for debiting money withdrawal and transferring money transfer from the Paysera Account, as well as Account and for other Payment operations Transactions with the money funds held in the Client's Paysera Account, Account if the Client has had not protected their Passwords or means of and identification instruments, and as a result they have become known to other persons, as well as and also for criminal illegal actions or operations and transactions of third parties, made persons performed using forged counterfeited and/or illegal documents or illegally obtained received data;
15.5.214.5.2. errors and late or missed transactions made by banks, billing systems, and other third parties;
15.5.314.5.3. consequences arising due to disturbances of fulfilment of any Paysera obligations caused by a third party which is beyond the control of Paysera;
15.5.414.5.4. consequences arising after Paysera legally terminates the Agreement, cancels the Client’s Profile or limits access to it, also after reasonable limitation or termination of provision of a part of the Services;
15.5.514.5.5. goods and services purchased using the a Paysera Account, and also for the other party, which receives payments from the Paysera Account, not complying with terms of any agreement;
15.5.614.5.6. for a failure to fulfil its own contractual obligations and damages, in case it was caused due to Paysera fulfilling duties determined by the law.
15.614.6. The Client assures that all actions of the Client related to the execution of the Agreement will comply with the applicable law.
15.714.7. The Client is fully liable for correctness of data, orders, and documents submitted to Paysera.
15.814.8. If Paysera becomes aware of an unauthorised Payment Transaction, Paysera shall return the amount of the unauthorised Payment Transaction to the Client and, where appropriate, restore the balance of the Account, Account from which the amount has been debited, to the point before the unauthorised transaction was carried out, except for the cases where Paysera Xxxxxxx has reasons to suspect fraudulent activity and reports these reasons to the supervisory authority.
15.9. If the User denies authorising a Payment Transaction which has been authorised or states that the Payment Transaction has been executed improperly, Paysera is obliged to prove that the authenticity of the Payment Transaction has been confirmed, it has been registered properly and recorded into accounts, and it has not been affected by any technical or any other glitches.
15.1014.9. The User may incur Client bears all the losses of up that have arisen due to 50 (fifty) EUR (an amount equivalent to this amount in other currencies, if the Services are provided in another currency) as a result of unauthorised Payment transactions, Transactions if those these losses are have been incurred due to to: the use of a lost or stolen Payment Instrument; illegal acquisition of a Payment Instrument or if the unauthorised appropriation of the Payment InstrumentClient has not protected their personalised security features (including identity confirmation instruments).
15.11. If the Client is not a User and/or the Payment transaction is carried out in the currency of a member state to or from a foreign country or in the currency of a foreign country, the Client bears all losses arising from the reasons specified in Clause 15.10 of the Agreement.
15.1214.10. The Client bears may bear any losses incurred due to unauthorised Payment Transactions if the Client has suffered the losses as a result of acting dishonestly or due to their gross negligence or intentionally not fulfilling one or several of the duties indicated below:
15.12.114.10.1. to comply with the rules regulating the issuance and usage of the Payment Instrument provided in the present Agreement or its Supplements, when using the Payment Instrument;
15.12.214.10.2. if the Client finds out about a loss, theft, illegal misappropriation acquisition or unauthorised use usage of the Payment Instrument, about facts and suspicions that personalised security features of their Payment Instruments have become known to or can be used by third persons, the Client shall notify Paysera or the subject indicated by Paysera immediately, in accordance with the rules regulating the issuance and usage of the Payment Instrument provided in the present Agreement and its Supplements;
15.12.314.10.3. to undertake all possible measures to protect the personalised security data of the Payment Instrument after the Payment Instrument has been issued.
15.13. After the Client submits the notice referred to in Clause 14.5 of the Agreement to Paysera with a request to block the Payment Instrument, the Client's losses arising from the lost, stolen or illegally appropriated Payment Instrument shall be borne by Paysera, except in cases where the Client acted dishonestly. The provisions of this clause apply only to the User.
15.14. In case Paysera does not ensure the possibility to immediately notify about a lost, stolen, or illegally misappropriated Payment Instrument, also in the cases where Paysera does not require Strong Customer Authentication, Paysera shall bear the losses incurred due to unauthorised use of the Payment Instrument, except for cases of dishonesty of the Client. Provisions of this clause are applied only to the User.
15.1514.11. The Client shall check information about Payment Transactions performed in the Account at least once a month and notify Paysera about unauthorised or improperly executed Payment Transactions, also about any other errors, inconsistencies, inconsistencies or inaccuracies in the Statement. The notification shall be submitted not later than 60 (sixty) calendar days after the day when Paysera, according to the Client, has performed the unauthorised Payment Transaction or has performed the Payment Transaction improperly. The User shall notify Paysera about an unauthorised or improperly executed Payment Transaction in a currency of a member country to the country of the EU in writing not later than 13 (thirteen) months after the day of debiting money from the payment account. If the Client does not submit the specified notifications within the time period indicated, it is considered that the Client has unconditionally agreed to the Payment Transactions that had been executed on the payment account. The Client shall submit to Paysera any information about illegal logins to the Profile, Account or other illegal actions related to the Account, and undertake all reasonable measures indicated by Paysera in order to help in investigating the illegal actions.
15.1614.12. 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 executed due to circumstances of force majeure, which are proven in accordance with the procedure established by the law. The Client shall notify Paysera about the force majeure in writing within 10 (ten) calendar days after the day of occurrence of such circumstances. Paysera shall notify the Client about force majeure circumstances via email or through the websites of the System.
Appears in 2 contracts
Samples: General Payment Services Agreement, General Payment Services Agreement
Liability of the Parties. 15.113.1. 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 damage incurred due to such liability to the affected Party. In all cases, the liability of Paysera NovaPay under the Agreement is limited by the following provisions:
15.1.113.1.1. Paysera NovaPay shall only be liable for direct damages caused by direct and essential breach of the Agreement made by PayseraNovaPay, and only for damages which could have been foreseen by Paysera NovaPay at the time of breaching of the Agreement;
15.1.213.1.2. The the amount of compensation for losses damages caused by Paysera in case of violation of this violating the Agreement canby NovaPay shall not exceed the average of Commission Fees for the last 3 (three) months of Commission fees paid to NovaPay by the Client to Paysera for the services providedprovided services. This restriction applies to is applied for the total amount of all infringements for that month combinedviolations of the month. If In case the average of 3 (three) months cannot be calculated, then the compensation cannot exceed the limit of 2 1 000 (two thousand) EUR (an amount equivalent to this amount in other currencies, if the Services are provided in another currencyone thousand euro);
15.1.313.1.3. In in all cases, Paysera will NovaPay shall not be responsible liable for non-receipt of profit and income by the Client, loss of reputation of the Client, loss or failure of the Client's lost profits and income, loss of reputation, loss or collapse of business, and indirect lossesdamages;
15.1.413.1.4. Paysera's limitations of liability will of NovaPay shall not apply be applied if such limitations are prohibited by the applicable law.
15.213.2. Paysera NovaPay does not guarantee uninterrupted System operation, because System operation of the System, as the operation of the System can may be affected (disturbeddisordered) by many factors beyond Paysera's controlthe control of NovaPay. Paysera will try NovaPay shall put all efforts to guarantee the smoothest possible secure as fluent System operation of the Systemas possible, but Paysera will however, NovaPay shall not be responsible liable for the consequences arising from malfunctions of the Systemoriginating due to System operation disorders, if such malfunctions are disorders occur not due to Paysera's faultthe fault of NovaPay.
15.313.3. Due The System may not operate due to reasons under Xxxxxxx's control, the System may not work, control of NovaPay and Paysera will NovaPay shall not provide any compensation for this, malfunctions if the System was available has been accessible for more than 99% (ninety-ninety nine per centpercent) of the total all time, calculated as an calculating the average of at least 3 (three) months.
15.413.4. The cases Cases, when Paysera NovaPay limits access to the System temporarily, but not longer than for 24 (twenty-twenty four) hours, limits access to the System due to System repair, improvement works development works, and other similar cases, and if Paysera NovaPay informs the Client about such cases at least 2 (two) calendar days in advance, shall not be considered System operation disorders.
15.513.5. Paysera NovaPay is not responsible liable for:
15.5.113.5.1. for debiting money withdrawal and transferring money transfer from the Paysera Account, as well as NovaPay Account and for other Payment operations Transactions with the money funds held in the Client's Paysera Account, NovaPay Account if the Client has had not protected their Passwords or means of and identification instruments, and as a result they have become known to other persons, as well as and also for criminal illegal actions or operations and transactions of third parties, made persons performed using forged counterfeited and/or illegal documents or illegally obtained received data;
15.5.213.5.2. errors and late or missed transactions made by banks, billing systems, and other third parties;
15.5.313.5.3. consequences arising due to disturbances of fulfilment of any Paysera NovaPay obligations caused by a third party which is beyond the control of PayseraNovaPay;
15.5.413.5.4. consequences arising after Paysera NovaPay legally terminates the Agreement, cancels the Client’s Profile or limits access to it, also after reasonable limitation or termination of provision of a part of the Services;
15.5.513.5.5. goods and services purchased using the Paysera a NovaPay Account, and also for the other party, which receives payments from the Paysera NovaPay Account, not complying with terms of any agreement;
15.5.613.5.6. for a failure to fulfil its own contractual obligations and damages, in case it was caused due to Paysera NovaPay fulfilling duties determined by the law.
15.613.6. The Client assures that all actions of the Client related to the execution of the Agreement will comply with the applicable law.
15.713.7. The Client is fully liable for correctness of data, orders, and documents submitted to PayseraNovaPay.
15.813.8. If Paysera NovaPay becomes aware of an unauthorised Payment Transaction, Paysera NovaPay shall return the amount of the unauthorised Payment Transaction to the Client and, where appropriate, restore the balance of the Account, Account from which the amount has been debited, to the point before the unauthorised transaction was carried out, except for the cases where Paysera NovaPay has reasons to suspect fraudulent activity and reports these reasons to the supervisory authority.
15.9. If the User denies authorising a Payment Transaction which has been authorised or states that the Payment Transaction has been executed improperly, Paysera is obliged to prove that the authenticity of the Payment Transaction has been confirmed, it has been registered properly and recorded into accounts, and it has not been affected by any technical or any other glitches.
15.1013.9. The User may incur Client bears all the losses of up that have arisen due to 50 (fifty) EUR (an amount equivalent to this amount in other currencies, if the Services are provided in another currency) as a result of unauthorised Payment transactions, Transactions if those these losses are have been incurred due to to: the use of a lost or stolen Payment Instrument; illegal acquisition of a Payment Instrument or if the unauthorised appropriation of the Payment InstrumentClient has not protected their personalised security features (including identity confirmation instruments).
15.11. If the Client is not a User and/or the Payment transaction is carried out in the currency of a member state to or from a foreign country or in the currency of a foreign country, the Client bears all losses arising from the reasons specified in Clause 15.10 of the Agreement.
15.1213.10. The Client bears may bear any losses incurred due to unauthorised Payment Transactions if the Client has suffered the losses as a result of acting dishonestly or due to their gross negligence or intentionally not fulfilling one or several of the duties indicated below:
15.12.113.10.1. to comply with the rules regulating the issuance and usage of the Payment Instrument provided in the present Agreement or its Supplements, when using the Payment Instrument;
15.12.213.10.2. if the Client finds out about a loss, theft, illegal misappropriation acquisition or unauthorised use usage of the Payment Instrument, about facts and suspicions that personalised security features of their Payment Instruments have become known to or can be used by third persons, the Client shall notify Paysera NovaPay or the subject indicated by Paysera NovaPay immediately, in accordance with the rules regulating the issuance and usage of the Payment Instrument provided in the present Agreement and its Supplements;
15.12.313.10.3. to undertake all possible measures to protect the personalised security data of the Payment Instrument after the Payment Instrument has been issued.
15.13. After the Client submits the notice referred to in Clause 14.5 of the Agreement to Paysera with a request to block the Payment Instrument, the Client's losses arising from the lost, stolen or illegally appropriated Payment Instrument shall be borne by Paysera, except in cases where the Client acted dishonestly. The provisions of this clause apply only to the User.
15.14. In case Paysera does not ensure the possibility to immediately notify about a lost, stolen, or illegally misappropriated Payment Instrument, also in the cases where Paysera does not require Strong Customer Authentication, Paysera shall bear the losses incurred due to unauthorised use of the Payment Instrument, except for cases of dishonesty of the Client. Provisions of this clause are applied only to the User.
15.1513.11. The Client shall check information about Payment Transactions performed in the Account at least once a month and notify Paysera NovaPay about unauthorised or improperly executed Payment Transactions, also about any other errors, inconsistencies, inconsistencies or inaccuracies in the Statement. The notification shall be submitted not later than 60 (sixty) calendar days after the day when PayseraNovaPay, according to the Client, has performed the unauthorised Payment Transaction or has performed the Payment Transaction improperly. The User shall notify Paysera about an unauthorised or improperly executed Payment Transaction in a currency of a member country to the country of the EU in writing not later than 13 (thirteen) months after the day of debiting money from the payment account. If the Client does not submit the specified notifications within the time period indicated, it is considered that the Client has unconditionally agreed to the Payment Transactions that had been executed on the payment account. The Client shall submit to Paysera NovaPay any information about illegal logins to the Profile, Account or other illegal actions related to the Account, and undertake all reasonable measures indicated by Paysera NovaPay in order to help in investigating the illegal actions.
15.1613.12. 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 executed due to circumstances of force majeure, which are proven in accordance with the procedure established by the law. The Client shall notify Paysera NovaPay about the force majeure in writing within 10 (ten) calendar days after the day of occurrence of such circumstances. Paysera NovaPay shall notify the Client about force majeure circumstances via email or through the websites of the System.
Appears in 1 contract
Samples: Payment Services Agreement
Liability of the Parties. 15.114.1. Each Unless otherwise provided in the Agreement and/or applicable law, each Party is liable for all fines, forfeits, and other losses which the other Party incurs due to violation the breach of the Agreement by the guilty first Party. The guilty Party undertakes to reimburse direct damage incurred due to such liability to For the affected Partyavoidance of any doubts, the Customer shall be responsible for any consequences arising out of the actions taken by any Person (including, without limitation, the User, the Cardholder(s), Authorized Person(s) and/or other Third Party(s)) acting on behalf of the Customer.
14.2. In all casesany event, any liability of Paysera Pave Bank under the Agreement is limited by the following provisions:
15.1.114.2.1. Paysera Pave Bank shall only be liable for direct damages caused by direct and essential the breach of the Agreement made by PayseraPave Bank through willful misconduct, and only for damages which could have been foreseen by Paysera at the time of breaching of the AgreementPave Bank;
15.1.2. The compensation for losses caused by Paysera in case of violation of this Agreement cannot exceed the average of the last 3 (three) months of Commission fees paid by the Client to Paysera for the services provided. This restriction applies to all infringements for that month combined. If the average of 3 (three) months cannot be calculated, then the compensation cannot exceed the limit of 2 000 (two thousand) EUR (an amount equivalent to this amount in other currencies, if the Services are provided in another currency);
15.1.314.2.2. In all cases, Paysera Pave Bank will not be responsible for the ClientCustomer's lost profits and income, loss of reputation, loss or collapse of business, indirect losses;
15.1.414.2.3. PayseraPave Bank's limitations of liability will not apply if such limitations are prohibited to the extent permitted by the applicable Georgian law.
15.214.3. Paysera Pave Bank does not guarantee uninterrupted operation of the System, as the operation of the System can be affected (disturbed) by many factors beyond Paysera's controlfactors. Paysera will try to guarantee Pave Bank shall make its best endeavors for the smoothest possible smooth operation of the System, but Paysera Pave Bank will not be responsible for the consequences arising from malfunctions of the System, if such malfunctions are not due to PayseraPave Bank's fault.
15.314.4. Due to reasons under Xxxxxxx's controlWithout limiting the generality of Clause 14.1 above, the System may not work, and Paysera will not provide compensation for this, if the System was available more than 99% (ninety-nine per cent) of the total time, calculated as an average of at least 3 (three) months.
15.4. The cases when Paysera temporarily, but not longer than 24 (twenty-four) hours, limits access to the System due to System repair, improvement works and other similar cases, and if Paysera informs the Client about such cases at least 2 (two) calendar days in advance.
15.5. Paysera Pave Bank is not responsible for:
15.5.114.4.1. for debiting and transferring money from the Paysera Pave Bank Account, as well as for other Payment operations with the money in the ClientCustomer's Paysera Pave Bank Account, if the Client Customer has not protected their Passwords or means of identification and as a result they have become known to other persons, as well as for criminal actions or operations of third parties, made using forged and/or illegal documents or illegally obtained data;
15.5.214.4.2. technological errors, malfunctions or setbacks in the Digital Banking System;
14.4.3. any damage caused by any security event within the sphere of risks of the Customer pursuant to Clause 7 of the Agreement;
14.4.4. errors and late or missed transactions made by banks, billing systems, and other third parties;
15.5.314.4.5. consequences arising due to disturbances of fulfilment fulfillment of any Paysera Pave Bank obligations caused by a third party which is beyond the control of PayseraPave Bank;
15.5.414.4.6. consequences arising after Paysera Pave Bank legally terminates the Agreement, cancels the Client’s Customerʼs Profile or limits access to it, also after reasonable limitation or termination of provision of a part of the Services;
15.5.514.4.7. goods and services purchased using the Paysera Pave Bank Account, and also for the other party, which receives payments from the Paysera Pave Bank Account, not complying with terms of any agreement;
15.5.614.4.8. for a failure to fulfil its own contractual obligations and damages, in case if it was caused due to Paysera Pave Bank fulfilling duties determined by its statutory obligations imposed under the lawapplicable law or the regulatory authority or due to Pave Bank observing any Sanctions.
15.614.5. The Client Customer assures that all actions of the Client Customer related to the execution of the Agreement will comply with the applicable law.
15.714.6. The Client Customer is fully liable for correctness and accuracy of data, orders, and documents submitted to PayseraPave Bank.
15.8. If Paysera becomes aware of an unauthorised Payment Transaction, Paysera shall return the amount of the unauthorised Payment Transaction to the Client and, where appropriate, restore the balance of the Account, from which the amount has been debited, to the point before the unauthorised transaction was carried out, except for the cases where Paysera has reasons to suspect fraudulent activity and reports these reasons to the supervisory authority.
15.914.7. If the User Customer denies authorising authorizing a Payment Transaction which has been authorised authorized or states that the Payment Transaction has been executed improperly, Paysera is obliged Customer has the burden to prove that this by way of providing sufficient evidence. For the authenticity avoidance of any doubts and unless proved contrary by the Customer, if the Payment Transaction has been confirmed, it has been registered properly and recorded into accounts, the Payment Transaction shall be deemed duly and it has not been affected properly authorized and executed by any technical or any other glitchesthe Customer itself.
15.1014.8. The User may incur losses of up to 50 (fifty) EUR (an amount equivalent to this amount in other currencies, if the Services are provided in another currency) as a result of unauthorised Payment transactions, if those losses are incurred due to the use of a lost or stolen Payment Instrument or the unauthorised appropriation of the Payment Instrument.
15.11. If the Client is not a User and/or the Payment transaction is carried out in the currency of a member state to or from a foreign country or in the currency of a foreign country, the Client bears all losses arising from the reasons specified in Clause 15.10 of the Agreement.
15.12. The Client Customer bears any and all losses incurred due to unauthorised unauthorized Payment Transactions if the Client Customer has suffered the losses as a result of acting dishonestly or due to their gross negligence or intentionally intentionally. For the avoidance of any doubts, Customer bears any and all losses incurred due to not fulfilling by the Customer one or several of the duties indicated below:
15.12.114.8.1. to comply with the rules regulating the issuance and usage of the Payment Instrument provided in the present Agreement or its SupplementsSpecial Terms of Products and Services, when using the Payment Instrument;
15.12.214.8.2. if the Client Customer finds out about a loss, theft, illegal misappropriation or unauthorised unauthorized use of the Payment Instrument, about facts and suspicions that personalised security features authentication of their Payment Instruments have become known to or can be used by third persons, the Client Customer shall notify Paysera Pave Bank or the subject indicated by Paysera Pave Bank immediately, in accordance with the rules regulating the issuance and usage of the Payment Instrument provided in the present Agreement and its SupplementsSpecial Terms of Products and Services;
15.12.314.8.3. to undertake all possible measures to protect the personalised security data authentication of the Payment Instrument after the Payment Instrument has been issued.
15.13. After the Client submits the notice referred to in Clause 14.5 of the Agreement to Paysera with a request to block the Payment Instrument, the Client's losses arising from the lost, stolen or illegally appropriated Payment Instrument shall be borne by Paysera, except in cases where the Client acted dishonestly14.9. The provisions of this clause apply only to the User.
15.14. In case Paysera does not ensure the possibility to immediately notify about a lost, stolen, or illegally misappropriated Payment Instrument, also in the cases where Paysera does not require Strong Customer Authentication, Paysera shall bear the losses incurred due to unauthorised use of the Payment Instrument, except for cases of dishonesty of the Client. Provisions of this clause are applied only to the User.
15.15. The Client shall check information about Payment Transactions performed in the Account at least once a month and notify Paysera Pave Bank about unauthorised unauthorized or improperly executed Payment Transactions, also about any other errors, inconsistencies, or inaccuracies in the Statement. The notification shall be submitted without any delay and in any event not later than 60 30 (sixtythirty) calendar days after the day when Paysera, according to the Client, has performed the unauthorised respective Payment Transaction or has performed the Payment Transaction improperly. The User shall notify Paysera about an unauthorised or improperly executed Payment Transaction in a currency of a member country to the country of the EU in writing not later than 13 (thirteen) months after the day of debiting money from the payment accountbeen performed. If the Client Customer does not submit the specified notifications within the time period indicated, it is considered that the Client Customer has unconditionally agreed to the Payment Transactions that had been executed on the payment account. The Client Customer shall submit to Paysera Pave Bank any information about illegal logins to the Profile, or other illegal actions related to the Account, and undertake all reasonable measures indicated by Paysera Pave Bank in order to help in investigating the illegal actions.
15.1614.10. The Party use of Digital Banking by the Customer from outside of Georgia may, under certain circumstances, constitute an infringement of foreign laws or a violation of import and export restrictions, e.g. those governing encryption algorithms or other types of software. The Customer is responsible for ongoing compliance with applicable statutory law and any other applicable legal provisions and regulations with respect to its use of Digital Banking, and shall bear any loss or damage as well as indemnify and hold harmless Pave Bank for any loss or damage incurred by it as a result of or in connection with any noncompliance by the Customer.
14.11. Damage caused or increased by the Customer, in particular due to any failure on the part of the Customer to take measures to avoid, mitigate or reduce any loss or damage.
14.12. Pave Bank reserves the right to interrupt Digital Banking services at any time in its discretion, in particular if it considers such measures to be required or beneficial for the protection of the Customer, for System repair, maintenance, improvement works and other similar instances. Pave bank accepts no liability for any damages incurred as a result of such service interruptions.
14.13. Pave Bank is relieved from the liability for failure to comply with the Agreement in case the Party proves that the Agreement has not been executed failure was caused due to circumstances of force majeure, which are proven in accordance with the procedure established by the lawForce Majeure Event. The Client shall notify Paysera about the force majeure in writing within 10 (ten) calendar days after the day of occurrence of such circumstances. Paysera Pave Bank shall notify the Client Customer about force majeure circumstances occurrence of Force Majeure Event via email or through the websites of or the System.
14.14. The Customer shall be responsible for the payment of any applicable fees, taxes (including but not limited to Value Added Tax), customs duties, or any other charges arising from the use of their account, product or any services provided under the Agreement. In the event that applicable legislation requires payment to be made through the deduction of the relevant account or amount, Pave Bank or its affiliates may debit such amounts from the Customerʼs account. Should Pave Bank incur any tax or penalty as a result of the Customerʼs tax obligations, the Customer agrees to promptly indemnify Pave Bank for such liabilities.
Appears in 1 contract
Samples: General Terms and Conditions
Liability of the Parties. 15.113.1. 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 damage incurred due to such liability to the affected Party. In all cases, the liability of Paysera NovaPay under the Agreement is limited by the following provisions:
15.1.113.1.1. Paysera NovaPay shall only be liable for direct damages caused by direct and essential breach of the Agreement made by PayseraNovaPay, and only for damages which could have been foreseen by Paysera NovaPay at the time of breaching of the Agreement;
15.1.213.1.2. The the amount of compensation for losses damages caused by Paysera in case of violation of this violating the Agreement canby NovaPay shall not exceed the average of Commission Fees for the last 3 (three) months of Commission fees paid to NovaPay by the Client to Paysera for the services providedprovided services. This restriction applies to is applied for the total amount of all infringements for that month combinedviolations of the month. If In case the average of 3 (three) months cannot be calculated, then the compensation cannot exceed the limit of 2 1 000 (two thousand) EUR (an amount equivalent to this amount in other currencies, if the Services are provided in another currencyone thousand euro);
15.1.313.1.3. In in all cases, Paysera will NovaPay shall not be responsible liable for non-receipt of profit and income by the Client, loss of reputation of the Client, loss or failure of the Client's lost profits and income, loss of reputation, loss or collapse of business, and indirect lossesdamages;
15.1.413.1.4. Paysera's limitations of liability will of NovaPay shall not apply be applied if such limitations are prohibited by the applicable law.
15.213.2. Paysera NovaPay does not guarantee uninterrupted System operation, because System operation of the System, as the operation of the System can may be affected (disturbeddisordered) by many factors beyond Paysera's controlthe control of NovaPay. Paysera will try NovaPay shall put all efforts to guarantee the smoothest possible secure as fluent System operation of the Systemas possible, but Paysera will however, NovaPay shall not be responsible liable for the consequences arising from malfunctions of the Systemoriginating due to System operation disorders, if such malfunctions are disorders occur not due to Paysera's faultthe fault of NovaPay.
15.313.3. Due The System may not operate due to reasons under Xxxxxxx's control, the System may not work, control of NovaPay and Paysera will NovaPay shall not provide any compensation for this, malfunctions if the System was available has been accessible for more than 99% (ninety-ninety nine per centpercent) of the total all time, calculated as an calculating the average of at least 3 (three) months.
15.413.4. The cases Cases, when Paysera NovaPay limits access to the System temporarily, but not longer than for 24 (twenty-twenty four) hours, limits access to the System due to System repair, improvement works development works, and other similar cases, and if Paysera NovaPay informs the Client about such cases at least 2 (two) calendar days in advance, shall not be considered System operation disorders.
15.513.5. Paysera NovaPay is not responsible liable for:
15.5.113.5.1. for debiting money withdrawal and transferring money transfer from the Paysera Account, as well as NovaPay Account and for other Payment operations Transactions with the money funds held in the Client's Paysera Account, NovaPay Account if the Client has had not protected their Passwords or means of and identification instruments, and as a result they have become known to other persons, as well as and also for criminal illegal actions or operations and transactions of third parties, made persons performed using forged counterfeited and/or illegal documents or illegally obtained received data;
15.5.213.5.2. errors and late or missed transactions made by banks, billing systems, and other third parties;
15.5.313.5.3. consequences arising due to disturbances of fulfilment of any Paysera NovaPay obligations caused by a third party which is beyond the control of PayseraNovaPay;
15.5.413.5.4. consequences arising after Paysera NovaPay legally terminates the Agreement, cancels the Client’s Profile or limits access to it, also after reasonable limitation or termination of provision of a part of the Services;
15.5.513.5.5. goods and services purchased using the Paysera a NovaPay Account, and also for the other party, which receives payments from the Paysera NovaPay Account, not complying with terms of any agreement;
15.5.613.5.6. for a failure to fulfil its own contractual obligations and damages, in case it was caused due to Paysera NovaPay fulfilling duties determined by the law.
15.613.6. The Client assures that all actions of the Client related to the execution of the Agreement will comply with the applicable law.
15.713.7. The Client is fully liable for correctness of data, orders, and documents submitted to PayseraNovaPay.
15.813.8. If Paysera NovaPay becomes aware of an unauthorised Payment Transaction, Paysera NovaPay shall return the amount of the unauthorised Payment Transaction to the Client and, where appropriate, restore the balance of the Account, Account from which the amount has been debited, to the point before the unauthorised transaction was carried out, except for the cases where Paysera XxxxXxx has reasons to suspect fraudulent activity and reports these reasons to the supervisory authority.
15.9. If the User denies authorising a Payment Transaction which has been authorised or states that the Payment Transaction has been executed improperly, Paysera is obliged to prove that the authenticity of the Payment Transaction has been confirmed, it has been registered properly and recorded into accounts, and it has not been affected by any technical or any other glitches.
15.1013.9. The User may incur Client bears all the losses of up that have arisen due to 50 (fifty) EUR (an amount equivalent to this amount in other currencies, if the Services are provided in another currency) as a result of unauthorised Payment transactions, Transactions if those these losses are have been incurred due to to: the use of a lost or stolen Payment Instrument; illegal acquisition of a Payment Instrument or if the unauthorised appropriation of the Payment InstrumentClient has not protected their personalised security features (including identity confirmation instruments).
15.11. If the Client is not a User and/or the Payment transaction is carried out in the currency of a member state to or from a foreign country or in the currency of a foreign country, the Client bears all losses arising from the reasons specified in Clause 15.10 of the Agreement.
15.1213.10. The Client bears may bear any losses incurred due to unauthorised Payment Transactions if the Client has suffered the losses as a result of acting dishonestly or due to their gross negligence or intentionally not fulfilling one or several of the duties indicated below:
15.12.113.10.1. to comply with the rules regulating the issuance and usage of the Payment Instrument provided in the present Agreement or its Supplements, when using the Payment Instrument;
15.12.213.10.2. if the Client finds out about a loss, theft, illegal misappropriation acquisition or unauthorised use usage of the Payment Instrument, about facts and suspicions that personalised security features of their Payment Instruments have become known to or can be used by third persons, the Client shall notify Paysera NovaPay or the subject indicated by Paysera NovaPay immediately, in accordance with the rules regulating the issuance and usage of the Payment Instrument provided in the present Agreement and its Supplements;
15.12.313.10.3. to undertake all possible measures to protect the personalised security data of the Payment Instrument after the Payment Instrument has been issued.
15.13. After the Client submits the notice referred to in Clause 14.5 of the Agreement to Paysera with a request to block the Payment Instrument, the Client's losses arising from the lost, stolen or illegally appropriated Payment Instrument shall be borne by Paysera, except in cases where the Client acted dishonestly. The provisions of this clause apply only to the User.
15.14. In case Paysera does not ensure the possibility to immediately notify about a lost, stolen, or illegally misappropriated Payment Instrument, also in the cases where Paysera does not require Strong Customer Authentication, Paysera shall bear the losses incurred due to unauthorised use of the Payment Instrument, except for cases of dishonesty of the Client. Provisions of this clause are applied only to the User.
15.1513.11. The Client shall check information about Payment Transactions performed in the Account at least once a month and notify Paysera NovaPay about unauthorised or improperly executed Payment Transactions, also about any other errors, inconsistencies, inconsistencies or inaccuracies in the Statement. The notification shall be submitted not later than 60 (sixty) calendar days after the day when PayseraNovaPay, according to the Client, has performed the unauthorised Payment Transaction or has performed the Payment Transaction improperly. The User shall notify Paysera about an unauthorised or improperly executed Payment Transaction in a currency of a member country to the country of the EU in writing not later than 13 (thirteen) months after the day of debiting money from the payment account. If the Client does not submit the specified notifications within the time period indicated, it is considered that the Client has unconditionally agreed to the Payment Transactions that had been executed on the payment account. The Client shall submit to Paysera NovaPay any information about illegal logins to the Profile, Account or other illegal actions related to the Account, and undertake all reasonable measures indicated by Paysera NovaPay in order to help in investigating the illegal actions.
15.1613.12. 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 executed due to circumstances of force majeure, which are proven in accordance with the procedure established by the law. The Client shall notify Paysera NovaPay about the force majeure in writing within 10 (ten) calendar days after the day of occurrence of such circumstances. Paysera NovaPay shall notify the Client about force majeure circumstances via email or through the websites of the System.
Appears in 1 contract
Samples: Payment Services Agreement
Liability of the Parties. 15.113.1. 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 damage incurred due to such liability to the affected Party. In all cases, the liability of Paysera Alphapay under the Agreement is limited by the following provisions:
15.1.113.1.1. Paysera Alphapay shall only be liable for direct damages caused by direct and essential breach of the Agreement made by PayseraAlphapay, and only for damages which could have been foreseen by Paysera Alphapay at the time of breaching of the Agreement;
15.1.213.1.2. The the amount of compensation for losses damages caused by Paysera in case of violation of this violating the Agreement canby Alphapay shall not exceed the average of Commission Fees for the last 3 (three) months of Commission fees paid to Alphapay by the Client to Paysera for the services providedprovided services. This restriction applies to is applied for the total amount of all infringements for that month combinedviolations of the month. If In case the average of 3 (three) months cannot be calculated, then the compensation cannot exceed the limit of 2 1 000 (two thousand) EUR (an amount equivalent to this amount in other currencies, if the Services are provided in another currencyone thousand euro);
15.1.313.1.3. In in all cases, Paysera will Xxxxxxxx shall not be responsible liable for non-receipt of profit and income by the Client, loss of reputation of the Client, loss or failure of the Client's lost profits and income, loss of reputation, loss or collapse of business, and indirect lossesdamages;
15.1.413.1.4. Paysera's limitations of liability will of Alphapay shall not apply be applied if such limitations are prohibited by the applicable law.
15.213.2. Paysera Alphapay does not guarantee uninterrupted System operation, because System operation of the System, as the operation of the System can may be affected (disturbeddisordered) by many factors beyond Paysera's controlthe control of Alphapay. Paysera will try Alphapay shall put all efforts to guarantee the smoothest possible secure as fluent System operation of the Systemas possible, but Paysera will however, Alphapay shall not be responsible liable for the consequences arising from malfunctions of the Systemoriginating due to System operation disorders, if such malfunctions are disorders occur not due to Paysera's faultthe fault of Alphapay.
15.313.3. Due The System may not operate due to reasons under Xxxxxxx's control, the System may not work, control of Alphapay and Paysera will Alphapay shall not provide any compensation for this, malfunctions if the System was available has been accessible for more than 99% (ninety-ninety nine per centpercent) of the total all time, calculated as an calculating the average of at least 3 (three) months.
15.413.4. The cases Cases, when Paysera Alphapay limits access to the System temporarily, but not longer than for 24 (twenty-twenty four) hours, limits access to the System due to System repair, improvement works development works, and other similar cases, and if Paysera Alphapay informs the Client about such cases at least 2 (two) calendar days in advance, shall not be considered System operation disorders.
15.513.5. Paysera Alphapay is not responsible liable for:
15.5.113.5.1. for debiting money withdrawal and transferring money transfer from the Paysera Account, as well as Alphapay Account and for other Payment operations Transactions with the money funds held in the Client's Paysera Account, Alphapay Account if the Client has had not protected their Passwords or means of and identification instruments, and as a result they have become known to other persons, as well as and also for criminal illegal actions or operations and transactions of third parties, made persons performed using forged counterfeited and/or illegal documents or illegally obtained received data;
15.5.213.5.2. errors and late or missed transactions made by banks, billing systems, and other third parties;
15.5.313.5.3. consequences arising due to disturbances of fulfilment of any Paysera Alphapay obligations caused by a third party which is beyond the control of PayseraAlphapay;
15.5.413.5.4. consequences arising after Paysera Alphapay legally terminates the Agreement, cancels the Client’s Profile or limits access to it, also after reasonable limitation or termination of provision of a part of the Services;
15.5.513.5.5. goods and services purchased using the Paysera a Alphapay Account, and also for the other party, which receives payments from the Paysera Alphapay Account, not complying with terms of any agreement;
15.5.613.5.6. for a failure to fulfil its own contractual obligations and damages, in case it was caused due to Paysera Xxxxxxxx fulfilling duties determined by the law.
15.613.6. The Client assures that all actions of the Client related to the execution of the Agreement will comply with the applicable law.
15.713.7. The Client is fully liable for correctness of data, orders, and documents submitted to PayseraAlphapay.
15.813.8. If Paysera Alphapay becomes aware of an unauthorised Payment Transaction, Paysera Alphapay shall return the amount of the unauthorised Payment Transaction to the Client and, where appropriate, restore the balance of the Account, Account from which the amount has been debited, to the point before the unauthorised transaction was carried out, except for the cases where Paysera Alphapay has reasons to suspect fraudulent activity and reports these reasons to the supervisory authority.
15.9. If the User denies authorising a Payment Transaction which has been authorised or states that the Payment Transaction has been executed improperly, Paysera is obliged to prove that the authenticity of the Payment Transaction has been confirmed, it has been registered properly and recorded into accounts, and it has not been affected by any technical or any other glitches.
15.1013.9. The User may incur Client bears all the losses of up that have arisen due to 50 (fifty) EUR (an amount equivalent to this amount in other currencies, if the Services are provided in another currency) as a result of unauthorised Payment transactions, Transactions if those these losses are have been incurred due to to: the use of a lost or stolen Payment Instrument; illegal acquisition of a Payment Instrument or if the unauthorised appropriation of the Payment InstrumentClient has not protected their personalised security features (including identity confirmation instruments).
15.11. If the Client is not a User and/or the Payment transaction is carried out in the currency of a member state to or from a foreign country or in the currency of a foreign country, the Client bears all losses arising from the reasons specified in Clause 15.10 of the Agreement.
15.1213.10. The Client bears may bear any losses incurred due to unauthorised Payment Transactions if the Client has suffered the losses as a result of acting dishonestly or due to their gross negligence or intentionally not fulfilling one or several of the duties indicated below:
15.12.113.10.1. to comply with the rules regulating the issuance and usage of the Payment Instrument provided in the present Agreement or its Supplements, when using the Payment Instrument;
15.12.213.10.2. if the Client finds out about a loss, theft, illegal misappropriation acquisition or unauthorised use usage of the Payment Instrument, about facts and suspicions that personalised security features of their Payment Instruments have become known to or can be used by third persons, the Client shall notify Paysera Alphapay or the subject indicated by Paysera Alphapay immediately, in accordance with the rules regulating the issuance and usage of the Payment Instrument provided in the present Agreement and its Supplements;
15.12.313.10.3. to undertake all possible measures to protect the personalised security data of the Payment Instrument after the Payment Instrument has been issued.
15.13. After the Client submits the notice referred to in Clause 14.5 of the Agreement to Paysera with a request to block the Payment Instrument, the Client's losses arising from the lost, stolen or illegally appropriated Payment Instrument shall be borne by Paysera, except in cases where the Client acted dishonestly. The provisions of this clause apply only to the User.
15.14. In case Paysera does not ensure the possibility to immediately notify about a lost, stolen, or illegally misappropriated Payment Instrument, also in the cases where Paysera does not require Strong Customer Authentication, Paysera shall bear the losses incurred due to unauthorised use of the Payment Instrument, except for cases of dishonesty of the Client. Provisions of this clause are applied only to the User.
15.1513.11. The Client shall check information about Payment Transactions performed in the Account at least once a month and notify Paysera Alphapay about unauthorised or improperly executed Payment Transactions, also about any other errors, inconsistencies, inconsistencies or inaccuracies in the Statement. The notification shall be submitted not later than 60 (sixty) calendar days after the day when PayseraAlphapay, according to the Client, has performed the unauthorised Payment Transaction or has performed the Payment Transaction improperly. The User shall notify Paysera about an unauthorised or improperly executed Payment Transaction in a currency of a member country to the country of the EU in writing not later than 13 (thirteen) months after the day of debiting money from the payment account. If the Client does not submit the specified notifications within the time period indicated, it is considered that the Client has unconditionally agreed to the Payment Transactions that had been executed on the payment account. The Client shall submit to Paysera Alphapay any information about illegal logins to the Profile, Account or other illegal actions related to the Account, and undertake all reasonable measures indicated by Paysera Alphapay in order to help in investigating the illegal actions.
15.1613.12. 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 executed due to circumstances of force majeure, which are proven in accordance with the procedure established by the law. The Client shall notify Paysera Alphapay about the force majeure in writing within 10 (ten) calendar days after the day of occurrence of such circumstances. Paysera Alphapay shall notify the Client about force majeure circumstances via email or through the websites of the System.
Appears in 1 contract
Samples: Payment Services Agreement
Liability of the Parties. 15.114.1. 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 damage incurred due to such liability to the affected Party. In all cases, the liability of Paysera Stanhope under the Agreement is limited by the following provisions:
15.1.114.1.1. Paysera Stanhope shall only be liable for direct damages caused by direct and essential breach of the Agreement made by PayseraXxxxxxxx, and only for damages which could have been foreseen by Paysera Xxxxxxxx at the time of breaching of the Agreement;
15.1.214.1.2. The the amount of compensation for losses damages caused by Paysera in case of violation of this violating the Agreement canby Xxxxxxxx shall not exceed the average of Fees for the last 3 (three) months of Commission fees paid to Stanhope by the Client to Paysera for the services providedprovided Services. This restriction applies to is applied for the total amount of all infringements for that month combinedviolations of the month. If In case the average of 3 (three) months cannot be calculated, then the compensation cannot exceed the limit of 2 000 (two thousand) 5000 EUR (an amount equivalent to this amount in other currencies, if the Services are provided in another currencyfive thousand euro);
15.1.314.1.3. In in all cases, Paysera will Xxxxxxxx shall not be responsible liable for non-receipt of profit and income by the Client, loss of reputation of the Client, loss or failure of the Client's lost profits and income, loss of reputation, loss or collapse of business, and indirect lossesdamages;
15.1.414.1.4. Paysera's limitations of liability will of Stanhope shall not apply be applied if such limitations are prohibited by the applicable law.
15.214.2. Paysera Stanhope does not guarantee uninterrupted Platform operation, because Platform operation of the System, as the operation of the System can may be affected (disturbeddisordered) by many factors beyond Paysera's controlthe control of Stanhope. Paysera will try Stanhope shall put all efforts to guarantee the smoothest possible secure as fluent Platform operation of the Systemas possible, but Paysera will however, Stanhope shall not be responsible liable for the consequences arising from malfunctions of the Systemoriginating due to System operation disorders, if such malfunctions are disorders occur not due to Paysera's faultthe fault of Stanhope.
15.314.3. Due The System may not operate due to reasons under Xxxxxxx's control, the System may not work, control of Stanhope and Paysera will Stanhope shall not provide any compensation for this, malfunctions if the System was available Platform has been accessible for more than 9997% (ninety-nine per centninety seven percent) of the total all time, calculated as an calculating the average of at least 3 (three) months.
15.414.4. The cases Cases, when Paysera Stanhope limits access to the Platform temporarily, but not longer than for 24 (twenty-twenty four) hours, limits access to the System due to System Platform repair, improvement works development works, and other similar cases, and if Paysera Stanhope informs the Client about such cases at least 2 (two) calendar days in advance, shall not be considered Platform operation disorders.
15.514.5. Paysera Stanhope is not responsible liable for:: FOR CORPORATE CLIENTS
15.5.114.5.1. for debiting money withdrawal and transferring money transfer from the Paysera Account, as well as Account and for other Payment operations Transactions with the money funds held in the Client's Paysera Account, Account if the Client has had not protected their Passwords or means of and identification instruments, and as a result they have become known to other persons, as well as and also for criminal illegal actions or operations and transactions of third parties, made persons performed using forged counterfeited and/or illegal documents or illegally obtained received data;
15.5.214.5.2. errors and late or missed transactions made by banks, billing systems, and other third parties;
15.5.314.5.3. consequences arising due to disturbances of fulfilment of any Paysera Stanhope obligations caused by a third party which is beyond the control of PayseraXxxxxxxx;
15.5.414.5.4. consequences arising after Paysera Stanhope legally terminates the Agreement, cancels the Client’s Profile Account or limits access to it, also after reasonable limitation or termination of provision of a part of the Services;
15.5.514.5.5. goods and services purchased using the Paysera a Account, and also for the other party, which receives payments from the Paysera Account, not complying with terms of any agreement;
15.5.614.5.6. for a failure to fulfil its own contractual obligations and damages, in case it was caused due to Paysera Stanhope fulfilling duties determined by the law.
15.614.6. The Client assures that all actions of the Client related to the execution of the Agreement will comply with the applicable law.
15.714.7. The Client is fully liable for correctness of data, orders, and documents submitted to PayseraStanhope.
15.814.8. If Paysera Xxxxxxxx becomes aware of an unauthorised unauthorized Payment Transaction, Paysera Stanhope shall return the amount of the unauthorised unauthorized Payment Transaction to the Client and, where appropriate, restore the balance of the Account, Account from which the amount has been debited, to the point before the unauthorised unauthorized transaction was carried out, except for the cases where Paysera Xxxxxxxx has reasons to suspect fraudulent activity and reports these reasons to the supervisory authority.
15.9. If the User denies authorising a Payment Transaction which has been authorised or states that the Payment Transaction has been executed improperly, Paysera is obliged to prove that the authenticity of the Payment Transaction has been confirmed, it has been registered properly and recorded into accounts, and it has not been affected by any technical or any other glitches.
15.1014.9. The User may incur Client bears all the losses of up that have arisen due to 50 (fifty) EUR (an amount equivalent to this amount in other currencies, unauthorized Payment Transactions if the Services are provided in another currency) as a result of unauthorised Payment transactions, if those these losses are have been incurred due to to: the use of a lost or stolen Payment Instrument Platform log in details; or the unauthorised appropriation of the Payment Instrument.
15.11. If the Client is not a User and/or the Payment transaction is carried out in the currency of a member state to or from a foreign country or in the currency of a foreign country, the Client bears all losses arising from the reasons specified in Clause 15.10 of the Agreement.
15.12. The Client bears any losses incurred due to unauthorised Payment Transactions if the Client has suffered the losses as a result not protected its personalized security features (including identity confirmation instruments), or of acting dishonestly or due to their gross negligence or intentionally not fulfilling one or several of the duties indicated below:negligence. FOR CORPORATE CLIENTS
15.12.1. to comply with the rules regulating the issuance and usage of the Payment Instrument provided in the present Agreement or its Supplements, when using the Payment Instrument;
15.12.2. if the Client finds out about a loss, theft, illegal misappropriation or unauthorised use of the Payment Instrument, about facts and suspicions that personalised security features of their Payment Instruments have become known to or can be used by third persons, the Client shall notify Paysera or the subject indicated by Paysera immediately, in accordance with the rules regulating the issuance and usage of the Payment Instrument provided in the present Agreement and its Supplements;
15.12.3. to undertake all possible measures to protect the personalised security data of the Payment Instrument after the Payment Instrument has been issued.
15.13. After the Client submits the notice referred to in Clause 14.5 of the Agreement to Paysera with a request to block the Payment Instrument, the Client's losses arising from the lost, stolen or illegally appropriated Payment Instrument shall be borne by Paysera, except in cases where the Client acted dishonestly. The provisions of this clause apply only to the User.
15.14. In case Paysera does not ensure the possibility to immediately notify about a lost, stolen, or illegally misappropriated Payment Instrument, also in the cases where Paysera does not require Strong Customer Authentication, Paysera shall bear the losses incurred due to unauthorised use of the Payment Instrument, except for cases of dishonesty of the Client. Provisions of this clause are applied only to the User.
15.1514.10. The Client shall must, at least once a month, check the information about Payment Transactions performed executed in the Account at least once a month and Account. The fact that the Client has not requested to send the Statement to him shall not exempt the Client from the discharge of this obligation. The Client must notify Paysera about unauthorised Stanhope in writing of unauthorized or improperly incorrectly executed Payment Transactions, also about Transactions as well as of any other errorsmistakes, inconsistencies, inconsistencies or inaccuracies irregularities in the Statement. The notification shall must be submitted not immediately (within 5 (five) business days of finding out about the circumstances mentioned in this clause) and in any case no later than within 60 (sixty) calendar days after of the day when Payseraon which Xxxxxxxx, according to in the opinion of the Client, has performed the unauthorised executed an unauthorized Payment Transaction or has performed incorrectly executed a Payment Transaction. Where the Payment Transaction improperly. The User shall Client fails to notify Paysera about an unauthorised Stanhope of unauthorized or improperly incorrectly executed Payment Transaction in a currency of a member country to the country of the EU in writing not later than 13 (thirteen) months after the day of debiting money from the payment account. If the Client does not submit the specified notifications Transactions within the time period indicatedlimit established in this clause, it is shall be considered that the Client has unconditionally agreed to the confirmed Payment Transactions that had been executed on the payment account. The Client shall submit to Paysera any information about illegal logins to the Profile, or other illegal actions related to in the Account, and undertake all reasonable measures indicated by Paysera in order to help in investigating the illegal actions.
15.16. 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 executed due to circumstances of force majeure, which are proven in accordance with the procedure established by the law. The Client shall notify Paysera about the force majeure in writing within 10 (ten) calendar days after the day of occurrence of such circumstances. Paysera shall notify the Client about force majeure circumstances via email or through the websites of the System.
Appears in 1 contract
Samples: Financial Services Agreement
Liability of the Parties. 15.114.1. Each Party party is liable for all fines, forfeits, 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 damage incurred due to such liability to the affected Partyparty.
14.2. In all cases, The liability of Paysera under the Agreement Parties is established in accordance with the laws and case law of the courts of the Republic of Lithuania and the Republic of Cyprus.
14.3. WireWallet is not liable for any indirect or consequential losses including but not limited by to loss of profit, loss of business and loss of reputation, unless otherwise expressly indicated in the following provisions:applicable law.
15.1.114.4. Paysera WireWallet shall only be liable for direct damages caused by direct and essential breach of the Agreement agreement made by PayseraWireWallet, and only for damages which could have been foreseen by Paysera WireWallet at the time of breaching of the Agreementagreement;
15.1.214.4.1. The the amount of compensation for losses damages caused by Paysera in case of violation of this Agreement canviolating the agreement by WireWallet shall not exceed the average of commission fees for the last 3 (three) months of Commission fees paid to WireWallet by the Client to Paysera for the services providedprovided services. This restriction applies to is applied for the total amount of all infringements for that month combinedviolations of the month. If In case the average of 3 (three) months cannot be calculated, then the compensation cannot exceed the limit of 2 000 EUR 2,000 (two thousand) EUR (an amount equivalent to this amount in other currencies, if the Services are provided in another currency);
15.1.314.4.2. In in all cases, Paysera will WireWallet shall not be responsible liable for non-receipt of profit and income by the Client's lost profits and income, loss of reputationreputation of the Client, loss or collapse failure of Client's business, and indirect lossesdamages;
15.1.414.4.3. Paysera's limitations of WireWallet liability will shall not apply be applied if such limitations are prohibited by the applicable law.
15.214.4.4. Paysera WireWallet does not guarantee uninterrupted system operation, because system operation of the System, as the operation of the System can may be affected influenced (disturbeddisordered) by many factors beyond Paysera's controlcontrol of WireWallet. Paysera will try WireWallet shall put all efforts to guarantee the smoothest possible secure as fluent system operation of the Systemas possible, but Paysera will however, WireWallet shall not be responsible liable for the consequences arising from malfunctions of the System, originating due to system operation disorders if such malfunctions are disorders occur not due to Paysera's faultthe fault of WireWallet.
15.314.5. Due If the system fails to reasons under Xxxxxxx's controloperate, the System may not work, and Paysera will WireWallet shall not provide any compensation for this, if malfunctions which do not depend on the System was available more than 99% (ninety-nine per cent) actions of the total time, calculated as an average of at least 3 (three) monthsWireWallet.
15.414.6. The cases Cases, when Paysera temporarilyaccess to the system is temporarily limited, but for not longer than 24 (twenty-twenty- four) hours, limits access to the System due to System system repair, improvement development works and other similar cases, and if Paysera informs the Client about such cases at least 2 (two) calendar days in advanceshall not be considered system operation disorders.
15.514.7. Paysera WireWallet is not responsible liable for:
15.5.114.7.1. for debiting and transferring money withdrawal and/or transfer and/or other payment operations made from the Paysera Account, as well as for other Payment operations with the money in the Client's Paysera Account, ’s account if the Client has had not protected their Passwords or means of its login details and/or passwords and/or identification instruments, and as a result they have become known to other persons, as well as for criminal actions or operations of third parties, made using forged and/or illegal documents or illegally obtained data;,
15.5.214.7.2. errors and late or missed transactions made by banks, billing systems, systems and other third parties;
15.5.314.7.3. consequences arising due to disturbances of fulfilment of third party’s failure to fulfill any Paysera WireWallet obligations caused by a third party which is beyond the control of PayseraWireWallet;
15.5.414.7.4. consequences arising after Paysera WireWallet legally terminates the Agreementagreement, cancels the Client’s Profile account or limits access to it, also after reasonable limitation or limitation/termination of provision of a part of the Servicesservices;
15.5.514.7.5. goods and services purchased using the Paysera AccountWireWallet account, and also for the other party, which receives payments from the Paysera AccountWireWallet account, not complying with terms of any agreement;
15.5.614.7.6. for a failure to fulfil fulfill its own contractual obligations and damages, damages caused when WireWallet tried to be in case it was caused due to Paysera fulfilling duties determined by compliance with the law.
15.614.8. The Client assures that all actions of the Client related to the execution of the Agreement agreement will comply with the applicable law.
15.714.9. The Client is fully liable for correctness of data, orders, orders and documents submitted to PayseraWireWallet.
15.8. If Paysera becomes aware of an unauthorised Payment Transaction, Paysera shall return the amount of the unauthorised Payment Transaction to the Client and, where appropriate, restore the balance of the Account, from which the amount has been debited, to the point before the unauthorised transaction was carried out, except for the cases where Paysera has reasons to suspect fraudulent activity and reports these reasons to the supervisory authority.
15.914.10. If the User denies authorising a Payment Transaction which has been authorised or states that the Payment Transaction has been payment operation is executed improperly, Paysera is obliged to prove that the authenticity of the Payment Transaction has been confirmed, it has been registered properly and recorded into accounts, and it has not been affected by any technical or any other glitches.
15.10. The User may incur losses of up to 50 (fifty) EUR (an amount equivalent to this amount in other currencies, if the Services are provided in another currency) as a result of unauthorised Payment transactions, if those losses are incurred due to the use of a lost or stolen Payment Instrument or the unauthorised appropriation of the Payment Instrument.
15.11. If the Client is not a User and/or the Payment transaction is carried out in the currency of a member state to or country to/from a foreign country or in the currency of a foreign country, the Client bears all the losses arising from incurred due to the reasons specified in Clause 15.10 usage of a lost or stolen payment instrument; illegal acquisition of a payment instrument if the Agreement.client had not protected personalized security features (including identity confirmation instruments)
15.1214.11. The Client bears any losses incurred due to unauthorised Payment Transactions unauthorized payment operations if the Client has suffered the losses as a result of acting dishonestly or due to their its gross negligence or intentionally not fulfilling one or several of the duties indicated below:
15.12.114.11.1. to comply with the rules regulating the issuance and usage of the Payment Instrument payment instrument provided in the present Agreement agreement or its Supplementssupplements, when using the Payment Instrumentpayment instrument;
15.12.214.11.2. if the Client finds out about a loss, theft, illegal misappropriation acquisition or unauthorised use unauthorized usage of the Payment Instrumentpayment instrument, about facts and suspicions that personalised personalized security features of their Payment Instruments its payment instruments have become known to or can be used by third persons, the Client shall immediately notify Paysera WireWallet or the subject indicated by Paysera immediatelyWireWallet, in accordance with the rules regulating the issuance and usage of the Payment Instrument payment instrument provided in the present Agreement agreement and its Supplementssupplements;
15.12.314.11.3. to undertake all possible measures to protect the personalised personalized security data features of the Payment Instrument after the Payment Instrument has been issued.payment
15.13. After the Client submits the notice referred to in Clause 14.5 of the Agreement to Paysera with a request to block the Payment Instrument, the Client's losses arising from the lost, stolen or illegally appropriated Payment Instrument shall be borne by Paysera, except in cases where the Client acted dishonestly14.12. The provisions of this clause apply only to the User.
15.14. In case Paysera does not ensure the possibility to immediately notify about a lost, stolen, or illegally misappropriated Payment Instrument, also in the cases where Paysera does not require Strong Customer Authentication, Paysera shall bear the losses incurred due to unauthorised use of the Payment Instrument, except for cases of dishonesty of the Client. Provisions of this clause are applied only to the User.
15.15. The Client shall check information about Payment Transactions performed in the Account at least once a month and notify Paysera about unauthorised or improperly executed Payment Transactions, also about any other errors, inconsistencies, or inaccuracies in the Statement. The notification shall be submitted not later than 60 (sixty) calendar days after the day when Paysera, according to the Client, has performed the unauthorised Payment Transaction or has performed the Payment Transaction improperly. The User shall notify Paysera about an unauthorised or improperly executed Payment Transaction in a currency of a member country to the country of the EU in writing not later than 13 (thirteen) months after the day of debiting money from the payment account. If the Client does not submit the specified notifications within the time period indicated, it is considered that the Client has unconditionally agreed to the Payment Transactions that had been executed on the payment account. The Client shall submit to Paysera any information about illegal logins to the Profile, or other illegal actions related to the Account, and undertake all reasonable measures indicated by Paysera in order to help in investigating the illegal actions.
15.16. 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 executed due to circumstances of force majeure, majeure which are proven in accordance with the procedure established by the law. The Client party shall notify Paysera the other party about the force majeure in writing within 10 (ten) calendar days after the day of occurrence of such circumstances. Paysera shall notify the Client about force majeure circumstances via email or through the websites of the System.
Appears in 1 contract
Samples: General Payment Service Agreement
Liability of the Parties. 15.114.1. 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 damage incurred due to such liability to the affected Party. In all cases, liability of Paysera Montify under the Agreement is limited by the following provisions:
15.1.114.1.1. Paysera Montify shall only be liable for direct damages caused by direct and essential breach of the Agreement made by PayseraMontify, and only for damages which could have been foreseen by Paysera Montify at the time of breaching of the Agreement;
15.1.214.1.2. The the amount of compensation for losses damages caused by Paysera in case of violation of this violating the Agreement canby Montify shall not exceed the average of Commission Fees for the last 3 (three) months of Commission fees paid to Montify by the Client to Paysera Customer for the services providedprovided services. This restriction applies to is applied for the total amount of all infringements for that month combinedviolations of the month. If In case the average of 3 (three) months cannot be calculated, then the compensation cannot exceed the limit of 2 000 2000 EUR (two thousand) EUR (an amount equivalent to this amount in other currencies, if the Services are provided in another currencythousand euro);
15.1.314.1.3. In in all cases, Paysera will Montify shall not be responsible liable for non-receipt of profit and income by the Client's lost profits and incomeCustomer, loss of reputationreputation of the Customer, loss or collapse failure of Customer's business, and indirect lossesdamages;
15.1.414.1.4. Paysera's limitations of Montify liability will shall not apply be applied if such limitations are prohibited by the applicable law.
15.214.2. Paysera Montify does not guarantee uninterrupted System operation, because System operation of the System, as the operation of the System can may be affected (disturbeddisordered) by many factors beyond Paysera's controlthe control of Montify. Paysera will try Montify shall put all efforts to guarantee the smoothest possible secure as fluent System operation of the Systemas possible, but Paysera will however, Montify shall not be responsible liable for the consequences arising from malfunctions of the Systemoriginating due to System operation disorders, if such malfunctions are disorders occur not due to Paysera's faultthe fault of Montify.
15.314.3. Due The System may not operate due to reasons under Xxxxxxx's control, the System may not work, control of Montify and Paysera will Montify shall not provide any compensation for this, malfunctions if the System was available has been accessible for more than 99% (ninety-ninety nine per centpercent) of the total all time, calculated as an calculating the average of at least 3 (three) months.
15.414.4. The cases Cases, when Paysera Montify limits access to the System temporarily, but not longer than for 24 (twenty-twenty four) hours, limits access to the System due to System repair, improvement works development works, and other similar cases, and if Paysera Montify informs the Client Customer about such cases at least 2 (two) calendar days in advance, shall not be considered System operation disorders.
15.514.5. Paysera Montify is not responsible liable for:
15.5.114.5.1. for debiting money withdrawal and transferring money transfer from the Paysera Account, as well as Montify Account and for other Payment operations Transactions with the money funds held in the ClientCustomer's Paysera Account, Montify Account if the Client has Customer had not protected their Passwords or means of and identification instruments, and as a result they have become known to other persons, as well as and also for criminal illegal actions or operations and transactions of third parties, made persons performed using forged counterfeited and/or illegal documents or illegally obtained received data;
15.5.214.5.2. errors and late or missed transactions made by banks, billing systems, and other third parties;
15.5.314.5.3. consequences arising due to disturbances of fulfilment of any Paysera Montify obligations caused by a third party which is whichis beyond the control of PayseraMontify;
15.5.414.5.4. consequences arising after Paysera Montify legally terminates the Agreement, cancels the Client’s Customer's Profile or limits access to it, also after reasonable limitation or termination of provision of a part of the Services;
15.5.514.5.5. goods and services purchased using the Paysera Montify Account, and also for the other party, which receives payments from the Paysera Montify Account, not complying with terms of any agreement;
15.5.6. for agreement;for a failure to fulfil its own contractual obligations and damages, in case it was caused due to Paysera Montify fulfilling duties determined by the law.
15.614.6. The Client Customer assures that all actions of the Client Customer related to the execution of the Agreement will comply with the applicable law.
15.714.7. The Client Customer is fully liable for correctness of data, orders, and documents submitted to PayseraMontify.
15.814.8. If Paysera Montify becomes aware of an unauthorised Payment Transaction, Paysera Montify shall return the amount of the unauthorised Payment Transaction to the Client Customer and, where appropriate, restore the balance of the Account, from which the amount has been debited, to the point before the unauthorised transaction was carried out, except for the cases where Paysera Montify has reasons to suspect fraudulent activity and reports these reasons to the supervisory authority.
15.914.9. If the User denies authorising a Payment Transaction which has been authorised or states that the Payment Transaction has been executed improperly, Paysera Montify is obliged to prove that the authenticity of the Payment Transaction has been confirmed, it has been registered properly and recorded into accounts, and it has not been affected by any technical or any other glitches.
15.1014.10. The User may incur bear all the losses that have arisen due to unauthorised Payment Transactions for the amount of up to 50 (fifty) EUR (an amount equivalent to this amount in other currencieseuro, if the Services are provided in another currency) as a result of unauthorised Payment transactions, if those these losses are have been incurred due to to: the use of a lost or stolen Payment Instrument or the unauthorised appropriation illegal misappropriation of the a Payment Instrument.
15.1114.11. If the Client Customer is not a User and/or or the Payment transaction Transaction is carried out executed in the currency of a member state to or country to/from a foreign country or in the currency of a foreign country, the Client Customer bears all the losses arising from incurred due to the reasons specified provided for in Clause 15.10 of the Agreementclause 14.10.
15.1214.12. The Client Customer bears any losses incurred due to unauthorised Payment Transactions if the Client Customer has suffered the losses as a result of acting dishonestly or due to their gross negligence or intentionally not fulfilling one or several of the duties indicated below:
15.12.114.12.1. to comply with the rules regulating the issuance and usage of the Payment Instrument provided in the present Agreement or its Supplements, when using the Payment Instrument;
15.12.214.12.2. if the Client Customer finds out about a loss, theft, illegal misappropriation or unauthorised use of the Payment Instrument, about facts and suspicions that personalised security features of their Payment Instruments have become known to or can be used by third persons, the Client Customer shall notify Paysera Montify or the subject indicated by Paysera Montify immediately, in accordance with the rules regulating the issuance and usage of the Payment Instrument provided in the present Agreement and its Supplements;
15.12.314.12.3. to undertake all possible measures to protect the personalised security data of the Payment Instrument after the Payment Instrument has been issued.
15.1314.13. After the Client Customer submits the notice referred to a notificataion, as specified in Clause 14.5 of the Agreement to Paysera clause 13.5., with a request to block the Payment Instrument, Montify shall bear the Client's losses arising from of the Customer incurred due to the lost, stolen stolen, or illegally appropriated acquired Payment Instrument shall be borne by PayseraInstrument, except in for cases where of dishonesty of the Client acted dishonestlyCustomer. The provisions Provisions of this clause apply are applied only to the User.
15.1414.14. In case Paysera Montify does not ensure the possibility to immediately notify about a lost, stolen, or illegally misappropriated Payment Instrument, also in the cases where Paysera Montify does not require Strong Customer Authenticationsafer authentication, Paysera Montify shall bear the losses incurred due to unauthorised use of the Payment Instrument, except for cases of dishonesty of the ClientCustomer. Provisions of this clause are applied only to the User.
15.1514.15. The Client Customer shall check information about Payment Transactions performed in the Account at least once a month and notify Paysera Montify about unauthorised or improperly executed Payment Transactions, also about any other errors, inconsistencies, or inaccuracies in the Statement. The notification shall be submitted not later than 60 (sixty) calendar days after the day when PayseraMontify, according to the ClientCustomer, has performed the unauthorised Payment Transaction or has performed the Payment Transaction improperly. The User shall notify Paysera Montify about an unauthorised or improperly executed Payment Transaction in a currency of a member country to the country of the EU in writing not later than 13 (thirteen) months after the day of debiting money from the payment account. If the Client Customer does not submit the specified notifications within the time period indicated, it is considered that the Client Customer has unconditionally agreed to the Payment Transactions that had been executed on the payment account. The Client Customer shall submit to Paysera Montify any information about illegal logins to the Profile, or other illegal actions related to the Account, and undertake all reasonable measures indicated by Paysera Montify in order to help in investigating the illegal actions.
15.1614.16. 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 executed due to circumstances of force majeure, which are proven in accordance with the procedure established by the law. The Client Customer shall notify Paysera Montify about the force majeure in writing within 10 (ten) calendar days after the day of occurrence of such circumstances. Paysera Montify shall notify the Client Customer about force majeure circumstances via email or through the websites of the System.
Appears in 1 contract
Samples: General Payment Services Agreement
Liability of the Parties. 15.114.1. Each Party is liable for all fines, forfeits, 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 damage incurred due to such liability to the affected Party. In all cases, liability of Paysera under the Agreement is limited by the following provisions:
15.1.114.1.1. Paysera shall only be liable for direct damages caused by direct and essential breach of the Agreement made by Paysera, and only for damages which could have been foreseen by Paysera at the time of breaching of the Agreement;
15.1.214.1.2. The the amount of compensation for losses damages caused by violating the Agreement by Paysera in case of violation of this Agreement canshall not exceed the average of Commission fees for the last 3 (three) months of Commission fees paid to Paysera by the Client to Paysera for the services providedprovided services. This restriction applies to is applied for the total amount of all infringements for that month combinedviolations of the month. If In case the average of 3 (three) months cannot be calculated, then the compensation cannot exceed the limit of 2 000 2000 EUR (two thousand) EUR (an amount equivalent to this amount in other currencies, if the Services are provided in another currencythousand euro);
15.1.314.1.3. In in all cases, Paysera will shall not be responsible liable for non-receipt of profit and income by the Client's lost profits and income, loss of reputationreputation of the Client, loss or collapse failure of Client's business, and indirect lossesdamages;
15.1.414.1.4. Paysera's limitations Limitations of liability will of Paysera shall not apply be applied if such limitations are prohibited by the applicable law.
15.214.2. Paysera does not guarantee uninterrupted System operation, because System operation of the System, as the operation of the System can may be affected influenced (disturbeddisordered) by many factors beyond control of Paysera's control. Paysera will try shall put all efforts to guarantee the smoothest possible secure as fluent System operation of the Systemas possible, but however, Paysera will shall not be responsible liable for the consequences arising from malfunctions of the System, originating due to System operation disorders if such malfunctions are disorders occur not due to the fault of Paysera's fault.
15.314.3. Due The System may not operate due to reasons under Xxxxxxx's control, the System may not work, control of Paysera and Paysera will shall not provide any compensation for this, malfunctions if the System was available has been accessible for more than 99% (ninety-ninety nine per centpercent) of the total all time, calculated as an calculating the average of at least 3 (three) months.
15.414.4. The cases Cases, when Paysera limits access to the System temporarily, but not longer than for 24 (twenty-twenty four) hours, limits access due to the System due to System repair, improvement development works and other similar cases, and if Paysera informs the Client about such cases at least 2 (two) calendar days in advance, shall not be considered System operation disorders.
15.514.5. Paysera is not responsible liable for:
15.5.114.5.1. for debiting money withdrawal and transferring money transfer from the Paysera Account, as well as Account and for other Payment operations transactions with the money in funds held on the Client's Paysera Account, Account if the Client has had not protected their his/ her Passwords or means of and identification instruments, and as a result they have become known to other persons, as well as and also for criminal illegal actions or operations and transactions of third parties, made persons performed using forged and/or counterfeited and (or) illegal documents or illegally obtained received data;
15.5.214.5.2. errors and late or missed transactions made by banks, billing systems, systems and other third parties;
15.5.314.5.3. consequences arising due to disturbances of fulfilment fulfillment of any Paysera obligations caused by a third party which is beyond the control of Paysera;
15.5.414.5.4. consequences arising after Paysera legally terminates the Agreement, cancels the Client’s Profile Account or limits access to it, also after reasonable limitation or termination of provision of a part of the Services;
15.5.514.5.5. goods and services purchased using the Paysera Account, and also for the other party, which receives payments from the Paysera Account, not complying with terms of any agreement;
15.5.614.5.6. for a failure to fulfil fulfill its own contractual obligations and damages, in case it was caused due to Paysera fulfilling duties determined by the law.
15.614.6. The Client assures that all actions of the Client related to the execution of the Agreement will comply with the applicable law.
15.714.7. The Client is fully liable for correctness of data, orders, orders and documents submitted to Paysera.
15.8. If Paysera becomes aware of an unauthorised Payment Transaction, Paysera shall return the amount of the unauthorised Payment Transaction to the Client and, where appropriate, restore the balance of the Account, from which the amount has been debited, to the point before the unauthorised transaction was carried out, except for the cases where Paysera has reasons to suspect fraudulent activity and reports these reasons to the supervisory authority.
15.9. If the User denies authorising a Payment Transaction which has been authorised or states that the Payment Transaction has been executed improperly, Paysera is obliged to prove that the authenticity of the Payment Transaction has been confirmed, it has been registered properly and recorded into accounts, and it has not been affected by any technical or any other glitches.
15.1014.8. The User may incur Client bears all the losses of up that have arisen due to 50 (fifty) EUR (an amount equivalent to this amount in other currencies, unauthorized Payment operations if the Services are provided in another currency) as a result of unauthorised Payment transactions, if those losses are these loses have been incurred due to the use to: usage of a lost or stolen Payment Instrument or instrument; illegal acquisition of a Payment instrument if the unauthorised appropriation of the Payment InstrumentClient has not protected personalized security features (including identity confirmation instruments).
15.11. If the Client is not a User and/or the Payment transaction is carried out in the currency of a member state to or from a foreign country or in the currency of a foreign country, the Client bears all losses arising from the reasons specified in Clause 15.10 of the Agreement.
15.1214.9. The Client bears may bear any losses incurred due to unauthorised unauthorized Payment Transactions transactions if the Client has suffered the losses as a result of acting dishonestly or due to their his/ her gross negligence or intentionally not fulfilling one or several of the duties indicated below:
15.12.114.9.1. to comply with the rules regulating the issuance and usage of the Payment Instrument instrument provided in the present Agreement or its Supplements, when using the Payment Instrumentinstrument;
15.12.214.9.2. if the Client finds out about a loss, theft, illegal misappropriation acquisition or unauthorised use unauthorized usage of the Payment Instrumentinstrument, about facts and suspicions that personalised personalized security features of their his/ her Payment Instruments instruments have become known to or can be used by third persons, the Client shall notify Paysera or the subject indicated by Paysera immediately, in accordance with the rules regulating the issuance and usage of the Payment Instrument instrument provided in the present Agreement and its Supplements;
15.12.314.9.3. to undertake all possible measures to protect the personalised personalized security data of the Payment Instrument instrument after the Payment Instrument instrument has been issued.
15.13. After the Client submits the notice referred to in Clause 14.5 of the Agreement to Paysera with a request to block the Payment Instrument, the Client's losses arising from the lost, stolen or illegally appropriated Payment Instrument shall be borne by Paysera, except in cases where the Client acted dishonestly. The provisions of this clause apply only to the User.
15.14. In case Paysera does not ensure the possibility to immediately notify about a lost, stolen, or illegally misappropriated Payment Instrument, also in the cases where Paysera does not require Strong Customer Authentication, Paysera shall bear the losses incurred due to unauthorised use of the Payment Instrument, except for cases of dishonesty of the Client. Provisions of this clause are applied only to the User.
15.1514.10. The Client shall check information about Payment Transactions operations performed in on the Account at least once a month and notify Paysera about unauthorised unauthorized or improperly executed Payment Transactionsoperations, also about any other errors, inconsistencies, inconsistencies or inaccuracies in the Statement. The notification shall be submitted not later than 60 (sixty) calendar days after the day when Paysera, according to the Client, has performed the unauthorised unauthorized Payment Transaction operation or has performed the Payment Transaction operation improperly. The User shall notify Paysera about an unauthorised or improperly executed Payment Transaction in a currency of a member country to the country of the EU in writing not later than 13 (thirteen) months after the day of debiting money from the payment account. If the Client does not submit the specified notifications within the time period indicated, it is considered that the Client has unconditionally agreed to the Payment Transactions operations, that had been executed on the payment account. The Client shall submit to Paysera any information about illegal logins to the Profile, Account or other illegal actions related to the Account, and undertake all reasonable measures indicated by Paysera in order to help in investigating the illegal actions.
15.1614.11. 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 executed due to circumstances of force majeure, majeure which are proven in accordance with the procedure established by the law. The Client shall notify Paysera about the force majeure in writing within 10 (ten) calendar days after the day of occurrence of such circumstances. Paysera shall notify the Client about force majeure circumstances via email or through the websites of the System.
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 damage incurred due to such liability to the affected Party. In all cases, liability of Paysera under the Agreement is limited by the following provisions:
15.1.1. Paysera shall only be liable for direct damages caused by direct and essential breach of the Agreement made by Paysera, and only for damages which could have been foreseen by Paysera at the time of breaching of the Agreement;
15.1.2. The compensation for losses caused by Paysera in case of violation of this Agreement cannot exceed the average of the last 3 (three) months of Commission fees paid by the Client to Paysera for the services provided. This restriction applies to all infringements for that month combined. If the average of 3 (three) months cannot be calculated, then the compensation cannot exceed the limit of 2 000 (two thousand) EUR (an amount equivalent to this amount in other currencies, if the Services are provided in another currency);
15.1.3. In all cases, Paysera will not be responsible for the Client's lost profits and income, loss of reputation, loss or collapse of business, indirect losses;
15.1.4. Paysera's limitations of liability will not apply if such limitations are prohibited by applicable law.
15.2. Paysera does not guarantee uninterrupted operation of the System, as the operation of the System can be affected (disturbed) by many factors beyond Paysera's control. Paysera will try to guarantee the smoothest possible operation of the System, but Paysera will not be responsible for the consequences arising from malfunctions of the System, if such malfunctions are not due to Paysera's fault.
15.3. Due to reasons under Xxxxxxx's control, the System may not work, and Paysera will not provide compensation for this, if the System was available more than 99% (ninety-nine per cent) of the total time, calculated as an average of at least 3 (three) months.
15.4. The cases when Paysera temporarily, but not longer than 24 (twenty-four) hours, limits access to the System due to System repair, improvement works and other similar cases, and if Paysera informs the Client about such cases at least 2 (two) calendar days in advance.
15.5. Paysera is not responsible for:
15.5.1. for debiting and transferring money from the Paysera Account, as well as for other Payment operations with the money in the Client's Paysera Account, if the Client has not protected their Passwords or means of identification and as a result they have become known to other persons, as well as for criminal actions or operations of third parties, made using forged and/or illegal documents or illegally obtained data;
15.5.2. errors and late or missed transactions made by banks, billing systems, and other third parties;
15.5.3. consequences arising due to disturbances of fulfilment of any Paysera obligations caused by a third party which is beyond the control of Paysera;
15.5.4. consequences arising after Paysera legally terminates the Agreement, cancels the Client’s Profile or limits access to it, also after reasonable limitation or termination of provision of a part of the Services;
15.5.5. goods and services purchased using the Paysera Account, and also for the other party, which receives payments from the Paysera Account, not complying with terms of any agreement;
15.5.6. for a failure to fulfil its own contractual obligations and damages, in case it was caused due to Paysera fulfilling duties determined by the law.
15.6. The Client assures that all actions of the Client related to the execution of the Agreement will comply with the applicable law.
15.7. The Client is fully liable for correctness of data, orders, and documents submitted to Paysera.
15.8. If Paysera becomes aware of an unauthorised Payment Transaction, Paysera shall return the amount of the unauthorised Payment Transaction to the Client and, where appropriate, restore the balance of the Account, from which the amount has been debited, to the point before the unauthorised transaction was carried out, except for the cases where Paysera has reasons to suspect fraudulent activity and reports these reasons to the supervisory authority.
15.9. If the User denies authorising a Payment Transaction which has been authorised or states that the Payment Transaction has been executed improperly, Paysera is obliged to prove that the authenticity of the Payment Transaction has been confirmed, it has been registered properly and recorded into accounts, and it has not been affected by any technical or any other glitches.
15.10. The User may incur losses of up to 50 (fifty) EUR (an amount equivalent to this amount in other currencies, if the Services are provided in another currency) as a result of unauthorised Payment transactions, if those losses are incurred due to the use of a lost or stolen Payment Instrument or the unauthorised appropriation of the Payment Instrument.
15.11. If the Client is not a User and/or the Payment transaction is carried out in the currency of a member state to or from a foreign country or in the currency of a foreign country, the Client bears all losses arising from the reasons specified in Clause 15.10 of the Agreement.
15.12. The Client bears any losses incurred due to unauthorised Payment Transactions if the Client has suffered the losses as a result of acting dishonestly or due to their gross negligence or intentionally not fulfilling one or several of the duties indicated below:
15.12.1. to comply with the rules regulating the issuance and usage of the Payment Instrument provided in the present Agreement or its Supplements, when using the Payment Instrument;
15.12.2. if the Client finds out about a loss, theft, illegal misappropriation or unauthorised use of the Payment Instrument, about facts and suspicions that personalised security features of their Payment Instruments have become known to or can be used by third persons, the Client shall notify Paysera or the subject indicated by Paysera immediately, in accordance with the rules regulating the issuance and usage of the Payment Instrument provided in the present Agreement and its Supplements;
15.12.3. to undertake all possible measures to protect the personalised security data of the Payment Instrument after the Payment Instrument has been issued.
15.13. After the Client submits the notice referred to in Clause 14.5 of the Agreement to Paysera with a request to block the Payment Instrument, the Client's losses arising from the lost, stolen or illegally appropriated Payment Instrument shall be borne by Paysera, except in cases where the Client acted dishonestly. The provisions of this clause apply only to the User.
15.14. In case Paysera does not ensure the possibility to immediately notify about a lost, stolen, or illegally misappropriated Payment Instrument, also in the cases where Paysera does not require Strong Customer Authentication, Paysera shall bear the losses incurred due to unauthorised use of the Payment Instrument, except for cases of dishonesty of the Client. Provisions of this clause are applied only to the User.
15.15. The Client shall check information about Payment Transactions performed in the Account at least once a month and notify Paysera about unauthorised or improperly executed Payment Transactions, also about any other errors, inconsistencies, or inaccuracies in the Statement. The notification shall be submitted not later than 60 (sixty) calendar days after the day when Paysera, according to the Client, has performed the unauthorised Payment Transaction or has performed the Payment Transaction improperly. The User shall notify Paysera about an unauthorised or improperly executed Payment Transaction in a currency of a member country to the country of the EU in writing not later than 13 (thirteen) months after the day of debiting money from the payment account. If the Client does not submit the specified notifications within the time period indicated, it is considered that the Client has unconditionally agreed to the Payment Transactions that had been executed on the payment account. The Client shall submit to Paysera any information about illegal logins to the Profile, or other illegal actions related to the Account, and undertake all reasonable measures indicated by Paysera in order to help in investigating the illegal actions.
15.16. 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 executed due to circumstances of force majeure, which are proven in accordance with the procedure established by the law. The Client shall notify Paysera about the force majeure in writing within 10 (ten) calendar days after the day of occurrence of such circumstances. Paysera shall notify the Client about force majeure circumstances via email e-mail or through the websites of the System.
Appears in 1 contract
Samples: General Payment Services Agreement
Liability of the Parties. 15.114.1. 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 damage incurred due to such liability to the affected Party. In all cases, the liability of Paysera Stanhope Financial under the Agreement is limited by the following provisions:
15.1.114.1.1. Paysera Stanhope Financial shall only be liable for direct damages caused by direct and essential breach of the Agreement made by PayseraStanhope Financial, and only for damages which could have been foreseen by Paysera Xxxxxxxx Financial at the time of breaching of the Agreement;
15.1.214.1.2. The the amount of compensation for losses damages caused by Paysera in case of violation of this violating the Agreement canby Xxxxxxxx Financial shall not exceed the average of Fees for the last 3 (three) months of Commission fees paid to Stanhope Financial by the Client to Paysera for the services providedprovided Services. This restriction applies to is applied for the total amount of all infringements for that month combinedviolations of the month. If In case the average of 3 (three) months cannot be calculated, then the compensation cannot exceed the limit of 2 000 (two thousand) 5000 EUR (an amount equivalent to this amount in other currencies, if the Services are provided in another currencyfive thousand euro);
15.1.314.1.3. In in all cases, Paysera will Stanhope Financial shall not be responsible liable for non-receipt of profit and income by the Client, loss of reputation of the Client, loss or failure of the Client's lost profits and income, loss of reputation, loss or collapse of business, and indirect lossesdamages;
15.1.414.1.4. Paysera's limitations of liability will of Stanhope Financial shall not apply be applied if such limitations are prohibited by the applicable law.
15.214.2. Paysera Stanhope Financial does not guarantee uninterrupted Platform operation, because Platform operation of the System, as the operation of the System can may be affected (disturbeddisordered) by many factors beyond Paysera's controlthe control of Stanhope Financial. Paysera will try Stanhope Financial shall put all efforts to guarantee the smoothest possible secure as fluent Platform operation of the Systemas possible, but Paysera will however, Stanhope Financial shall not be responsible liable for the consequences arising from malfunctions of the Systemoriginating due to System operation disorders, if such malfunctions are disorders occur not due to Paysera's faultthe fault of Stanhope Financial.
15.314.3. Due The System may not operate due to reasons under Xxxxxxx's control, the System may not work, control of Stanhope Financial and Paysera will Stanhope Financial shall not provide any compensation for this, malfunctions if the System was available Platform has been accessible for more than 9997% (ninety-nine per centninety seven percent) of the total all time, calculated as an calculating the average of at least 3 (three) months.
15.414.4. The cases Cases, when Paysera Stanhope Financial limits access to the Platform temporarily, but not longer than for 24 (twenty-twenty four) hours, limits access to the System due to System Platform repair, improvement works development works, and other similar cases, and if Paysera Stanhope Financial informs the Client about such cases at least 2 (two) calendar days in advance, shall not be considered Platform operation disorders.
15.514.5. Paysera Stanhope Financial is not responsible liable for:
15.5.114.5.1. for debiting money withdrawal and transferring money transfer from the Paysera Account, as well as Account and for other Payment operations Transactions with the money funds held in the Client's Paysera Account, Account if the Client has had not protected their Passwords or means of and identification instruments, and as a result they have become known to other persons, as well as and also for criminal illegal actions or operations and transactions of third parties, made persons performed using forged counterfeited and/or illegal documents or illegally obtained received data;
15.5.214.5.2. errors and late or missed transactions made by banks, billing systems, and other third parties;
15.5.314.5.3. consequences arising due to disturbances of fulfilment of any Paysera Stanhope Financial obligations caused by a third party which is beyond the control of PayseraStanhope Financial;
15.5.414.5.4. consequences arising after Paysera Stanhope Financial legally terminates the Agreement, cancels the Client’s Profile Account or limits access to it, also after reasonable limitation or termination of provision of a part of the Services;
15.5.514.5.5. goods and services purchased using the Paysera a Account, and also for the other party, which receives payments from the Paysera Account, not complying with terms of any agreement;
15.5.614.5.6. for a failure to fulfil its own contractual obligations and damages, in case it was caused due to Paysera Stanhope Financial fulfilling duties determined by the law.
15.614.6. The Client assures that all actions of the Client related to the execution of the Agreement will comply with the applicable law.
15.714.7. The Client is fully liable for correctness of data, orders, and documents submitted to PayseraStanhope Financial.
15.814.8. If Paysera Xxxxxxxx Financial becomes aware of an unauthorised unauthorized Payment Transaction, Paysera Stanhope Financial shall return the amount of the unauthorised unauthorized Payment Transaction to the Client and, where appropriate, restore the balance of the Account, Account from which the amount has been debited, to the point before the unauthorised unauthorized transaction was carried out, except for the cases where Paysera Stanhope Financial has reasons to suspect fraudulent activity and reports these reasons to the supervisory authority.
15.9. If the User denies authorising a Payment Transaction which has been authorised or states that the Payment Transaction has been executed improperly, Paysera is obliged to prove that the authenticity of the Payment Transaction has been confirmed, it has been registered properly and recorded into accounts, and it has not been affected by any technical or any other glitches.
15.1014.9. The User may incur Client bears all the losses of up that have arisen due to 50 (fifty) EUR (an amount equivalent to this amount in other currencies, unauthorized Payment Transactions if the Services are provided in another currency) as a result of unauthorised Payment transactions, if those these losses are have been incurred due to to: the use of a lost or stolen Payment Instrument Platform log in details; or the unauthorised appropriation of the Payment Instrument.
15.11. If the Client is not a User and/or the Payment transaction is carried out in the currency of a member state to or from a foreign country or in the currency of a foreign country, the Client bears all losses arising from the reasons specified in Clause 15.10 of the Agreement.
15.12. The Client bears any losses incurred due to unauthorised Payment Transactions if the Client has suffered the losses as a result not protected its personalized security features (including identity confirmation instruments), or of acting dishonestly or due to their gross negligence or intentionally not fulfilling one or several of the duties indicated below:
15.12.1. to comply with the rules regulating the issuance and usage of the Payment Instrument provided in the present Agreement or its Supplements, when using the Payment Instrument;
15.12.2. if the Client finds out about a loss, theft, illegal misappropriation or unauthorised use of the Payment Instrument, about facts and suspicions that personalised security features of their Payment Instruments have become known to or can be used by third persons, the Client shall notify Paysera or the subject indicated by Paysera immediately, in accordance with the rules regulating the issuance and usage of the Payment Instrument provided in the present Agreement and its Supplements;
15.12.3. to undertake all possible measures to protect the personalised security data of the Payment Instrument after the Payment Instrument has been issuednegligence.
15.13. After the Client submits the notice referred to in Clause 14.5 of the Agreement to Paysera with a request to block the Payment Instrument, the Client's losses arising from the lost, stolen or illegally appropriated Payment Instrument shall be borne by Paysera, except in cases where the Client acted dishonestly. The provisions of this clause apply only to the User.
15.14. In case Paysera does not ensure the possibility to immediately notify about a lost, stolen, or illegally misappropriated Payment Instrument, also in the cases where Paysera does not require Strong Customer Authentication, Paysera shall bear the losses incurred due to unauthorised use of the Payment Instrument, except for cases of dishonesty of the Client. Provisions of this clause are applied only to the User.
15.1514.10. The Client shall must, at least once a month, check the information about Payment Transactions performed executed in the Account at least once a month and Account. The fact that the Client has not requested to send the Statement to him shall not exempt the Client from the discharge of this obligation. The Client must notify Paysera about unauthorised Stanhope Financial in writing of unauthorized or improperly incorrectly executed Payment Transactions, also about Transactions as well as of any other errorsmistakes, inconsistencies, inconsistencies or inaccuracies irregularities in the Statement. The notification shall must be submitted not immediately (within 5 (five) business days of finding out about the circumstances mentioned in this clause) and in any case no later than within 60 (sixty) calendar days after of the day when Payseraon which Stanhope Financial, according to in the opinion of the Client, has performed the unauthorised executed an unauthorized Payment Transaction or has performed incorrectly executed a Payment Transaction. Where the Payment Transaction improperly. The User shall Client fails to notify Paysera about an unauthorised Stanhope Financial of unauthorized or improperly incorrectly executed Payment Transaction in a currency of a member country to the country of the EU in writing not later than 13 (thirteen) months after the day of debiting money from the payment account. If the Client does not submit the specified notifications Transactions within the time period indicatedlimit established in this clause, it is shall be considered that the Client has unconditionally agreed to the confirmed Payment Transactions that had been executed on the payment account. The Client shall submit to Paysera any information about illegal logins to the Profile, or other illegal actions related to in the Account, and undertake all reasonable measures indicated by Paysera in order to help in investigating the illegal actions.
15.16. 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 executed due to circumstances of force majeure, which are proven in accordance with the procedure established by the law. The Client shall notify Paysera about the force majeure in writing within 10 (ten) calendar days after the day of occurrence of such circumstances. Paysera shall notify the Client about force majeure circumstances via email or through the websites of the System.
Appears in 1 contract
Samples: Financial Service Agreement
Liability of the Parties. 15.114.1. 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 damage incurred due to such liability to the affected Party. In all cases, the liability of Paysera Stanhope under the Agreement is limited by the following provisions:
15.1.114.1.1. Paysera Stanhope shall only be liable for direct damages caused by direct and essential breach of the Agreement made by PayseraXxxxxxxx, and only for damages which could have been foreseen by Paysera Xxxxxxxx at the time of breaching of the Agreement;
15.1.214.1.2. The the amount of compensation for losses damages caused by Paysera in case of violation of this violating the Agreement canby Xxxxxxxx shall not exceed the average of Fees for the last 3 12 (threetwelve) months of Commission fees paid to Stanhope by the Client to Paysera for the services provided. This restriction applies to all infringements for that month combined. If the average of 3 (three) months cannot be calculated, then the compensation cannot exceed the limit of 2 000 (two thousand) EUR (an amount equivalent to this amount in other currencies, if the Services are provided in another currency)Services;
15.1.314.1.3. In in all cases, Paysera will Xxxxxxxx shall not be responsible liable for non-receipt of profit and income by the Client, loss of reputation of the Client, loss or failure of the Client's lost profits and income, loss of reputation, loss or collapse of business, and indirect lossesdamages;
15.1.414.1.4. Paysera's limitations of liability will of Stanhope shall not apply be applied if such limitations are prohibited by the applicable law.
15.214.2. Paysera Stanhope does not guarantee uninterrupted Platform operation, because Platform operation of the System, as the operation of the System can may be affected (disturbeddisordered) by many factors beyond Paysera's controlthe control of Stanhope. Paysera will try Stanhope shall put all efforts to guarantee the smoothest possible secure as fluent Platform operation of the Systemas possible, but Paysera will however, Stanhope shall not be responsible liable for the consequences arising from malfunctions of the Systemoriginating due to System operation disorders, if such malfunctions are disorders occur not due to Paysera's faultthe fault of Stanhope.
15.314.3. Due Cases, when Stanhope limits access to reasons under Xxxxxxx's control, the System may not work, and Paysera will not provide compensation for this, if the System was available more than 99% (ninety-nine per cent) of the total time, calculated as an average of at least 3 (three) months.
15.4. The cases when Paysera Platform temporarily, but not longer than for 24 (twenty-twenty four) hours, limits access to the System due to System Platform repair, improvement works development works, and other similar cases, and if Paysera Stanhope informs the Client about such cases at least 2 (two) calendar days in advance, shall not be considered Platform operation disorders.
15.514.4. Paysera Stanhope is not responsible liable for:
15.5.114.4.1. for debiting money withdrawal and transferring money transfer from the Paysera Account, as well as Account and for other Payment operations Transactions with the money funds held in the Client's Paysera Account, Account if the Client has had not protected their Passwords or means of Passwords, Card details and identification instruments, and as a result they have become known to other persons, as well as and also for criminal illegal actions or operations and transactions of third parties, made persons performed using forged counterfeited and/or illegal documents or illegally obtained received data;
15.5.214.4.2. errors and late or missed transactions made by banks, billing systems, and other third parties;
15.5.314.4.3. consequences arising due to disturbances of fulfilment of any Paysera Stanhope obligations caused by a third party which is beyond the control of PayseraXxxxxxxx;
15.5.414.4.4. consequences arising after Paysera Stanhope legally terminates the Agreement, cancels the Client’s Profile Account or limits access to it, also after reasonable limitation or termination of provision of a part of the Services;
15.5.514.4.5. goods and services purchased using the Paysera a Account, and also for the other party, which receives payments from the Paysera Account, not complying with terms of any agreement;
15.5.614.4.6. for a failure to fulfil its own contractual obligations and damages, in case it was caused due to Paysera Stanhope fulfilling duties determined by the law.
15.614.5. The Client assures that all actions of the Client related to the execution of the Agreement will comply with the applicable law.
15.714.6. The Client is fully liable for correctness of data, orders, and documents submitted to PayseraStanhope.
15.814.7. If Paysera Xxxxxxxx becomes aware of an unauthorised unauthorized Payment Transaction, Paysera Stanhope shall return the amount of the unauthorised unauthorized Payment Transaction to the Client and, where appropriate, restore the balance of the Account, Account from which the amount has been debited, to the point before the unauthorised unauthorized transaction was carried out, except for the cases where Paysera Xxxxxxxx has reasons to suspect fraudulent activity and reports these reasons to the supervisory authority.
15.9. If the User denies authorising a Payment Transaction which has been authorised or states that the Payment Transaction has been executed improperly, Paysera is obliged to prove that the authenticity of the Payment Transaction has been confirmed, it has been registered properly and recorded into accounts, and it has not been affected by any technical or any other glitches.
15.10. The User may incur losses of up to 50 (fifty) EUR (an amount equivalent to this amount in other currencies, if the Services are provided in another currency) as a result of unauthorised Payment transactions, if those losses are incurred due to the use of a lost or stolen Payment Instrument or the unauthorised appropriation of the Payment Instrument.
15.11. If the Client is not a User and/or the Payment transaction is carried out in the currency of a member state to or from a foreign country or in the currency of a foreign country, the Client bears all losses arising from the reasons specified in Clause 15.10 of the Agreement.
15.1214.8. The Client bears any all the losses incurred that have arisen due to unauthorised Payment Transactions if the Client has suffered the losses as a result of acting dishonestly or due to their gross negligence or intentionally not fulfilling one or several of the duties indicated below:unauthorized Payment
15.12.1. to comply with the rules regulating the issuance and usage of the Payment Instrument provided in the present Agreement or its Supplements, when using the Payment Instrument;
15.12.2. if the Client finds out about a loss, theft, illegal misappropriation or unauthorised use of the Payment Instrument, about facts and suspicions that personalised security features of their Payment Instruments have become known to or can be used by third persons, the Client shall notify Paysera or the subject indicated by Paysera immediately, in accordance with the rules regulating the issuance and usage of the Payment Instrument provided in the present Agreement and its Supplements;
15.12.3. to undertake all possible measures to protect the personalised security data of the Payment Instrument after the Payment Instrument has been issued.
15.13. After the Client submits the notice referred to in Clause 14.5 of the Agreement to Paysera with a request to block the Payment Instrument, the Client's losses arising from the lost, stolen or illegally appropriated Payment Instrument shall be borne by Paysera, except in cases where the Client acted dishonestly. The provisions of this clause apply only to the User.
15.14. In case Paysera does not ensure the possibility to immediately notify about a lost, stolen, or illegally misappropriated Payment Instrument, also in the cases where Paysera does not require Strong Customer Authentication, Paysera shall bear the losses incurred due to unauthorised use of the Payment Instrument, except for cases of dishonesty of the Client. Provisions of this clause are applied only to the User.
15.1514.9. The Client shall must, at least once a month, check the information about Payment Transactions performed executed in the Account at least once a month and Account. The fact that the Client has not requested to send the Statement to him shall not exempt the Client from the discharge of this obligation. The Client must notify Paysera about unauthorised Stanhope in writing of unauthorized or improperly incorrectly executed Payment Transactions, also about Transactions as well as of any other errorsmistakes, inconsistencies, inconsistencies or inaccuracies irregularities in the Statement. The notification shall must be submitted not immediately and in any case no later than 60 (sixty) calendar days after within 13 months of the day when Payseraon which Xxxxxxxx, according to in the opinion of the Client, has performed the unauthorised executed an unauthorized Payment Transaction or has performed incorrectly executed a Payment Transaction. Where the Payment Transaction improperly. The User shall Client fails to notify Paysera about an unauthorised Stanhope of unauthorized or improperly incorrectly executed Payment Transaction in a currency of a member country to the country of the EU in writing not later than 13 (thirteen) months after the day of debiting money from the payment account. If the Client does not submit the specified notifications Transactions within the time period indicatedlimit established in this clause, it is shall be considered that the Client has unconditionally agreed confirmed Payment Transactions executed in the Account.
14.10. The Company provides the Client with the annual report on the fees the Client has paid to the Payment Transactions that had been executed Company in the previous year. This report will be provided annually in the Client’s personal space on the payment account. The Client shall submit to Paysera any information about illegal logins to the Profile, or other illegal actions related to the Account, and undertake all reasonable measures indicated by Paysera in order to help in investigating the illegal actionsPlatform.
15.16. 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 executed due to circumstances of force majeure, which are proven in accordance with the procedure established by the law. The Client shall notify Paysera about the force majeure in writing within 10 (ten) calendar days after the day of occurrence of such circumstances. Paysera shall notify the Client about force majeure circumstances via email or through the websites of the System.
Appears in 1 contract
Samples: Financial Services Agreement
