Liability of the Parties. 9.1. Each Party shall be held liable for any and all losses incurred by the other Party as a result of a breach of the Contract by the guilty Party. The guilty Party undertakes to reimburse the injured Party for the damages incurred due to the breach of the Contract. The liability of the Company under the Contract shall in all cases be limited pursuant to the following provisions: 9.1.1. the Company will be held liable only for the direct damages of the Customer; 9.1.2. in all cases, the Company will not be held liable for the Customer’s lost profits and income, loss of reputation, loss or collapse of business, indirect damages; 9.1.3. limitations on the Company’s liability will not apply if such limitations are prohibited by the applicable legal acts. 9.2. The Company shall not ensure an uninterrupted operation of the System, as the operation of the System may be affected by many factors beyond the Company’s control. The Company shall make every effort to ensure the smoothest possible operation of the System, but the Company shall not be held liable for the consequences of the malfunctions of the System, provided such malfunctions have occurred not through the Company’s fault (e.g. malfunctions of the data centre, Internet connection, and other similar malfunctions). Taking into account that the System is integrated into the Platform administered by the Operator, the Company shall also not be held liable should the System become inaccessible to the Customers due to malfunctions of the Platform administered by the Operator. 9.3. The Customer shall be held liable and undertakes to indemnify for any damages incurred by the Company, other Customers of the Company and third parties in the course of use of the Company’s Payment Services and due to infringement of this Contract by the Customer. 9.4. The Customer shall be held liable for all damages incurred due to unauthorised Payment Transactions, if those damages have been incurred due to the use of a lost or stolen payment instrument; illegal appropriation of a payment instrument in the event of the Customer’s failure to safeguard the personalised security features (including the means of identification). 9.5. The Customer must regularly (at least once a month) check the information on Payment Transactions executed in the System on its behalf and notify the Company in writing about unauthorised or improperly executed Payment Transactions, as well as about any other errors, discrepancies or inaccuracies. The notification must be submitted immediately, but no later than within 60 calendar days from the day when the Company, in the opinion of the Customer, executed an unauthorised Payment Transaction or executed the Payment Transaction improperly. Should the Customer fail to submit the specified notifications within the set time limit, it shall be deemed that it has unconditionally agreed with the Payment Transactions executed in the System on its behalf. The Customer must provide the Company with any available information about unauthorised access to the User Account or any other unlawful activity and take all reasonable steps as directed by the Company to assist in the investigation of the unlawful activity. 9.6. A Party shall be released from liability for non-performance of the Contract if it proves that the Contract has not been performed due to force majeure circumstances proven in accordance with the procedure established by the applicable legal acts. The Customer must notify the Company in writing about the force majeure circumstances preventing the performance of the Contract within 10 calendar days from the date of occurrence of the said circumstances.
Appears in 3 contracts
Samples: Electronic Money Account and Payment Services Contract, Electronic Money Account and Payment Services Contract, Electronic Money Account and Payment Services Contract
Liability of the Parties. 9.1. Each Party shall be held liable for any and all losses incurred by the other Party as a result of a breach of the Contract by the guilty Party. The guilty Party undertakes to reimburse the injured Party for the damages incurred due to the breach of the Contract. The liability of the Company under the Contract shall in all cases be limited pursuant to the following provisions:
9.1.1. the Company will be held liable only for the direct damages of the Customer;
9.1.2. in all cases, the Company will not be held liable for the Customer’s 's lost profits and income, loss of reputation, loss or collapse of business, indirect damages;
9.1.3. limitations on the Company’s 's liability will not apply if such limitations are prohibited by the applicable legal acts.
9.2. The Company shall not ensure an uninterrupted operation of the System, as the operation of the System may be affected by many factors beyond the Company’s 's control. The Company shall make every effort to ensure the smoothest possible operation of the System, but the Company shall not be held liable for the consequences of the malfunctions of the System, provided such malfunctions have occurred not through the Company’s 's fault (e.g. malfunctions of the data centre, Internet connection, and other similar malfunctions). Taking into account that the System is integrated into the Platform administered by the Operator, the Company shall also not be held liable should the System become inaccessible to the Customers due to malfunctions of the Platform administered by the Operator.
9.3. The Customer shall be held liable and undertakes to indemnify for any damages incurred by the Company, other Customers of the Company and third parties in the course of use of the Company’s 's Payment Services and due to infringement of this Contract by the Customer.
9.4. The Customer shall be held liable for all damages incurred due to unauthorised Payment Transactions, if those damages have been incurred due to the use of a lost or stolen payment instrument; illegal appropriation of a payment instrument in the event of the Customer’s 's failure to safeguard the personalised security features (including the means of identification).
9.5. The Customer must regularly (at least once a month) check the information on Payment Transactions executed in the System on its behalf and notify the Company in writing about unauthorised or improperly executed Payment Transactions, as well as about any other errors, discrepancies or inaccuracies. The notification must be submitted immediately, but no later than within 60 calendar days from the day when the Company, in the opinion of the Customer, executed an unauthorised Payment Transaction or executed the Payment Transaction improperly. Should the Customer fail to submit the specified notifications within the set time limit, it shall be deemed that it has unconditionally agreed with the Payment Transactions executed in the System on its behalf. The Customer must provide the Company with any available information about unauthorised access to the User Account or any other unlawful activity and take all reasonable steps as directed by the Company to assist in the investigation of the unlawful activity.
9.6. A Party shall be released from liability for non-performance of the Contract if it proves that the Contract has not been performed due to force majeure circumstances proven in accordance with the procedure established by the applicable legal acts. The Customer must notify the Company in writing about the force majeure circumstances preventing the performance of the Contract within 10 calendar days from the date of occurrence of the said circumstances.
Appears in 2 contracts
Samples: Electronic Money Account and Payment Services Contract, Electronic Money Account and Payment Services Contract
Liability of the Parties. 9.1. Each Party shall be held liable for any and all losses incurred by the other Party as a result of a breach of the Contract by the guilty Party. The guilty Party undertakes to reimburse the injured Party for the damages incurred due to the breach of the Contract. The liability of the Company under the Contract shall in all cases be limited pursuant to the following provisions:
9.1.1. the Company will be held liable only for the direct damages of the Customer, appeared due to the fault of the Company;
9.1.2. in all cases, the Company will not be held liable for the Customer’s lost profits and income, loss of reputation, loss or collapse of business, indirect damages;
9.1.3. the Company shall not be liable for and shall not consider any mutual claims between the Beneficiary and the payer. The Customer may submit to the Company only claims related to the non-performance or improper performance of the Company's obligations;
9.1.4. limitations on the Company’s liability will not apply if such limitations are prohibited by the applicable legal acts.
9.2. The Company shall not ensure an uninterrupted operation of the System, as the operation of the System may be affected by many factors beyond the Company’s control. The Company shall make every effort to ensure the smoothest possible operation of the System, but the Company shall not be held liable for the consequences of the malfunctions of the System, provided such malfunctions have occurred not through the Company’s fault (e.g. malfunctions of the data centre, Internet connection, and other similar malfunctions). Taking into account that the System is integrated into the Platform administered by the Operator, the Company shall also not be held liable should the System become inaccessible to the Customers due to malfunctions of the Platform administered by the Operator.
9.3. The Customer shall be held liable and undertakes to indemnify for any damages incurred by the Company, other Customers of the Company and third parties in the course of use of the Company’s Payment Services and due to infringement of this Contract by the Customer.
9.4. The Customer shall be held liable for all damages incurred due to unauthorised In the event of an unauthorized Payment Transactions, if those damages have been incurred Transaction due to the use of a lost or stolen payment instrument; illegal Payment Instrument or the unlawful appropriation of a payment instrument in Payment Instrument, the event of Customer (Consumer) may be liable for losses up to 50 (fifty) EUR; all losses, if the Customer’s failure to safeguard the personalised security features (including the means of identification)Client is a legal entity.
9.5. The Company shall be exempt from the obligation to return the amount of the unauthorized Payment Transaction to the Client in the following cases (i) if the Company has reason to suspect fraud on the part of the Customer and notifies the Supervisory Authority of such reasons and provides it with written evidence in support thereof; (ii) if the Company proves that the Customer acted in bad faith or intentionally or with gross negligence.
9.6. The Customer must regularly (at least once a month) check the information on Payment Transactions executed in the System on its behalf and notify the Company in writing about unauthorised or improperly executed Payment Transactions, as well as about any other errors, discrepancies or inaccuracies. The notification must be submitted immediately, but no later than within 60 (sixty) calendar days from the day when the Company, in the opinion of the Customer, executed an unauthorised unauthorized Payment Transaction or executed the Payment Transaction improperly. In the event that the Customer is a Consumer (Lender), the deadline for submitting a notification about unauthorized or incorrectly performed Payment Transactions is 13 (thirteen) months.
9.7. Should the Customer fail to submit the specified notifications within the set time limit, it shall be deemed that it has unconditionally agreed with the Payment Transactions executed in the System on its behalf. The Customer must provide the Company with any available information about unauthorised unauthorized access to the User Account or any other unlawful activity and take all reasonable steps as directed by the Company to assist in the investigation of the unlawful activity.
9.69.8. If the Company does not provide the possibility to report a lost, stolen or illegally appropriated Payment Instrument at any time, as well as in cases where the Company does not require a more secure authentication confirmation, the losses arising from the unauthorized use of the Payment Instrument shall be borne by the Company, except in cases where the Customer acted in bad faith. The provisions of this clause apply only to the Consumer.
9.9. The specified terms in clause 9.6 of this Contract shall not apply in cases where the Company has not provided information to such a Customer about an unauthorized or incorrectly executed Payment Transaction or has not provided the opportunity to familiarize themselves with it in accordance with the procedure established in the Contract.
9.10. If the Customer has become a victim of fraud, in such a case the Customer must immediately notify the Company and the police upon becoming aware of it, providing all evidence confirming this. Failure to notify, delay in notifying the police about the fraud and failure to provide all relevant supporting evidence (to the Company and/or the police) may be a reason for the Company to refuse to compensate the amount of the disputed Payment Transaction.
9.11. A Party shall be released from liability for non-performance of the Contract if it proves that the Contract has not been performed due to force majeure circumstances proven in accordance with the procedure established by the applicable legal acts. The Customer must notify the Company in writing about the force majeure circumstances preventing the performance of the Contract within 10 (ten) calendar days from the date of occurrence of the said circumstances.
Appears in 2 contracts
Samples: Electronic Money Account and Payment Services Contract, Electronic Money Account and Payment Services Contract
Liability of the Parties. 9.111.1. Each Party shall be held The Company is not liable to the Client for any and all losses incurred by the other Party as a result of a breach of the Contract by the guilty Party. The guilty Party undertakes to reimburse the injured Party for the damages incurred due to the breach of the Contract. The liability of the Company under the Contract shall in all cases be limited pursuant to the following provisions:
9.1.1. the Company will be held liable only for the direct damages of the Customer;
9.1.2. in all cases, the Company will not be held liable for the Customer’s lost profits and incomeloss, loss of reputationprofit, loss lost opportunities, costs or collapse damage under the terms of businessthe present Regulation, indirect damages;except as otherwise provided.
9.1.311.2. limitations on The Client guarantees that the Company’s liability will not apply if such limitations are prohibited Company is protected from any kind of liabilities, expenses, claims, damage that may occur either directly or implicitly due to inability of the Client to discharge his/her obligations under the present Agreement and a relevant Regulation.
11.3. The Client is solely responsible for all orders and accuracy of information communicated in ways provided by the applicable legal actspresent Agreement.
9.211.4. The Company shall does not ensure an uninterrupted operation of bear responsibility:
11.4.1. For delays in the System, as the operation of the System may be affected by many factors Client’s orders execution for reasons beyond the Company’s control;
11.4.2. For any losses, costs, expenses and damage the Client incurs due to inaccuracy of information provided to the Client;
11.4.3. For the Client’s actions aimed to fulfill rights and obligations under the present Agreement and results of such actions.
11.5. In case the Client sustains damage resulting from events, actions or omissions for reasons independent from the Company and beyond the Company’s control, the Company does not bear any responsibility. Such events, actions or omissions include delays in transmission, placement and execution of orders; distortion in transmission of orders and/or information caused by errors, failures or malfunction of communication and data transfer systems; disruption of power supply; damage to the Client’s computer or associated hardware incurred while using the software; or for other reasons independent from the Company.
11.6. In case one of the parties fails to discharge its obligations under the present Agreement or fails to do it properly, compensation of losses is only available to the extent of the actual damage inflicted.
11.7. The Client assumes full responsibility for keeping his/her password secure and safe from unauthorized third party access.
11.8. The Company shall make every effort to ensure does not bear any responsibility for damage the smoothest possible operation of the System, but the Company shall not be held liable for the consequences of the malfunctions of the System, provided such malfunctions have occurred not through the Company’s fault (e.g. malfunctions of the data centre, Internet connection, and other similar malfunctions). Taking into account that the System is integrated into the Platform administered by the Operator, the Company shall also not be held liable should the System become inaccessible Client may incur in case his/her password becomes known to the Customers due to malfunctions of the Platform administered by the Operator.
9.3. The Customer shall be held liable and undertakes to indemnify for any damages incurred by the Company, other Customers of the Company and third parties in the course of use of the Company’s Payment Services and due to infringement of this Contract by the Customer.
9.4. The Customer shall be held liable for all damages incurred due to unauthorised Payment Transactions, if those damages have been incurred due to the use of a lost or stolen payment instrument; illegal appropriation of a payment instrument in the event of the Customer’s failure to safeguard the personalised security features (including the means of identification).
9.5. The Customer must regularly (at least once a month) check the information on Payment Transactions executed in the System on its behalf and notify the Company in writing about unauthorised or improperly executed Payment Transactionsparties, as well as about any other errors, discrepancies or inaccuracies. The notification must be submitted immediately, but no later than within 60 calendar days from the day when the Company, in the opinion case of the Customer, executed an unauthorised Payment Transaction or executed the Payment Transaction improperly. Should the Customer fail to submit the specified notifications within the set time limit, it shall be deemed that it has unconditionally agreed with the Payment Transactions executed in the System on its behalf. The Customer must provide the Company with any available information about unauthorised unauthorized third party access to the User Account or any other unlawful activity Client’s communication means used to enter Contracts and take all reasonable steps as directed by to make Transactions under the terms of the Agreement.
11.9. Under the present Agreement compensation for moral harm is unavailable and non-reimbursable.
11.10. The Client is responsible before the Company and the third parties in regard to assist all his/her transactions, even in the investigation case of the unlawful activityunauthorized password usage.
9.6. A Party shall be released from liability for non-performance of the Contract if it proves that the Contract has not been performed due to force majeure circumstances proven in accordance with the procedure established by the applicable legal acts. The Customer must notify the Company in writing about the force majeure circumstances preventing the performance of the Contract within 10 calendar days from the date of occurrence of the said circumstances.
Appears in 1 contract
Samples: Client Agreement
Liability of the Parties. 9.17.1. Each Party The Parties shall bear responsibility for the failure to fulfil or for the improper fulfilmentof obligations under the Agreement, this Rules and the Acting Legislation.
7.2. Neither of the Parties shall be held liable for losses incurred by other Party through no fault ofthe first Party, but as a result of using the e-Documents, including the execution of incorrect e- Documents, if such documents were duly arranged and delivered by one Party, and are verified and accepted by other Party.
7.3. The Bank shall be responsible for timeliness and accuracy of the transactions made underthe electronic payment instruments, in accordance with the Agreement and these Rules.
7.4. The Bank shall not be liable for any and all losses incurred by the other Party Customer as a result of a breach any actions of third parties, including, but not limited to, the Contract by Customer’s contractors/ employees, who forany ground/reasons have obtained the guilty Party. The guilty Party undertakes to reimburse the injured Party for the damages incurred due access to the breach of the Contract. The liability of the Company under the Contract shall in all cases be limited pursuant to the following provisions:
9.1.1. the Company will be held liable only for the direct damages AWS, eToken Pass Device, and information on entry passwords, if it occurred because of the Customer;’s carelessness, negligence and/or intention.
9.1.27.5. in all cases, the Company will The Bank shall not be held liable for the execution/ non-execution/ correctness of execution of the Customer’s lost profits and incomee-Documents, loss if the Customer untimely notified/ failed to notify the Bank on termination or change of reputation, loss or collapse of business, indirect damages;
9.1.3. limitations on the CompanyUsers’ permissions specified in the Customer’s liability will not apply if such limitations are prohibited by the applicable legal actsApplication.
9.27.6. The Company shall not ensure an uninterrupted operation of the System, as the operation of the System may be affected by many factors beyond the Company’s control. The Company shall make every effort to ensure the smoothest possible operation of the System, but the Company Bank shall not be held liable for the consequences any loses resulting from improper completion of the malfunctions of the System, provided such malfunctions have occurred not through the Company’s fault (e.g. malfunctions of the data centre, Internet connection, and other similar malfunctions). Taking into account that the System is integrated into the Platform administered by the Operator, the Company shall also not be held liable should the System become inaccessible to the Customers due to malfunctions of the Platform administered by the Operatore- Documents.
9.37.7. The Customer shall be held liable and undertakes to indemnify for any damages incurred by the Company, other Customers of the Company and third parties in the course of use of the Company’s Payment Services and due to infringement of this Contract by the Customer.
9.4. The Customer shall be held liable for all damages incurred due to unauthorised Payment Transactions, if those damages have been incurred due the lack of consents to the use of a lost or stolen payment instrument; illegal appropriation of a payment instrument in personal data collection, processing and transfer to third party, including to the event of the Customer’s failure to safeguard the personalised security features (including the means of identification).
9.5. The Customer must regularly (at least once a month) check the information on Payment Transactions executed in the System on its behalf and notify the Company in writing about unauthorised or improperly executed Payment TransactionsBank, as well as about for the lack of consents specified in Paragraph 4.6 of these Rules. If any other errorsmeasures were applied to the Bank for the breach ofthe legislation of the Republic of Kazakhstan on personal data and its protection, discrepancies or inaccuraciesthe Customer shallindemnify the Bank, at the latter’s request, for any expenses and losses incurred by the Bank.
7.8. The notification must be submitted immediatelyissues related to indemnification for the losses, but no later than within 60 calendar days including the actual damages, loss of expected gain resulting from the day when disclosure and transfer of entry passwords and usernames (logins) to third parties by the CompanyCustomer's authorised person, in for any reason, shall be settled between the opinion Customer and the Customer's authorised person without participation of the Customer, executed an unauthorised Payment Transaction or executed the Payment Transaction improperly. Should the Customer fail to submit the specified notifications within the set time limit, it shall be deemed that it has unconditionally agreed with the Payment Transactions executed in the System on its behalf. The Customer must provide the Company with any available information about unauthorised access to the User Account or any other unlawful activity and take all reasonable steps as directed by the Company to assist in the investigation of the unlawful activityBank.
9.6. A Party shall be released from liability for non-performance of the Contract if it proves that the Contract has not been performed due to force majeure circumstances proven in accordance with the procedure established by the applicable legal acts. The Customer must notify the Company in writing about the force majeure circumstances preventing the performance of the Contract within 10 calendar days from the date of occurrence of the said circumstances.
Appears in 1 contract
Samples: Remote Banking Services Agreement
Liability of the Parties. 9.14.1. Each Party shall be held party is liable for any all fines, forfeits and all other losses incurred by which the other Party as a result of a breach party incurs due to violation of the Contract Agreement by the guilty Partyparty. The guilty Party party undertakes to reimburse the injured Party for the damages direct damage incurred due to the breach of the Contract. The such liability of the Company under the Contract shall in all cases be limited pursuant to the following provisions:
9.1.1. the Company will be held liable only for the direct damages of the Customer;
9.1.2. in all cases, the Company will not be held liable for the Customer’s lost profits and income, loss of reputation, loss or collapse of business, indirect damages;
9.1.3. limitations on the Company’s liability will not apply if such limitations are prohibited by the applicable legal actsaffected party.
9.24.2. The Company shall does not ensure an guarantee provision of uninterrupted operation of the System, as the operation of the System may be affected by many factors beyond the Company’s controlservices. The Company shall make every effort will put all the efforts to ensure the smoothest possible operation secure smooth provision of the Systemservices, but however, the Company shall not be held liable for consequences arising due to operation disorders if they occur due to the consequences of the malfunctions of the System, provided such malfunctions have occurred not through reasons beyond the Company’s fault (e.g. malfunctions of control.
4.3. The Company is not liable for:
4.3.1. Money transfers if the data centre, Internet connectionClient has failed to protect his/her passwords and/ or other information used for identification, and as a result they have become known to other similar malfunctions)persons, and also for illegal actions and operations of third persons performed using illegally received data;
4.3.2. Taking into account that the System is integrated into the Platform administered Errors and late or missed transactions made by the Operator, third parties;
4.3.3. Consequences arising due to failure or delay to fulfil of any the Company shall also not be held liable should the System become inaccessible to the Customers due to malfunctions of the Platform administered obligations caused by the Operator.
9.3. The Customer shall be held liable and undertakes to indemnify for any damages incurred by a third party which is beyond the Company, other Customers of ’s control;
4.3.4. Consequences arising after the Company and third parties lawfully terminates the Agreement or in the course case of use lawful limitation, suspension or termination of provision of the Company’s Payment Services and services;
4.3.5. Failure to fulfil the Company’s contractual obligations in case it was caused due to infringement of this Contract the Company fulfilling its duties determined by the Customerapplicable laws.
9.44.4. The Customer shall be held Client is liable for correctness of data and documents submitted to the Company.
4.5. If the Client denies having authorised the operation which has been authorized, or states that the operation has been executed improperly, the Company is obliged to prove that authenticity of the operation has been confirmed, it has been registered properly and recorded, and it has not been affected by any technical or any other malfunctions.
4.6. The Client bears all damages incurred the losses that have arisen due to unauthorised Payment Transactions, unauthorized operations for the amount of up to EUR 50 if those damages these losses have been incurred due to to: the use usage of a lost or stolen payment instrumentoperation authentication feature or; illegal appropriation acquisition of operation authentication feature.
4.7. The Client bears any losses incurred due to unauthorized operations if the Client has incurred the losses as a payment instrument in the event result of acting dishonestly or due to his/her gross negligence or intentionally not fulfilling one or several of the Customer’s failure duties indicated below:
4.7.1. to safeguard comply with the personalised rules regulating security measures of operation authentication feature;
4.7.2. in case the Client finds out about a loss, theft, illegal acquisition or unauthorized usage of the authentication feature; about facts and suspicions that personalized security features (including of authentication have become known to or can be used by third persons, the means of identification).
9.5. The Customer must regularly (at least once a month) check the information on Payment Transactions executed in the System on its behalf and Client shall notify the Company in writing about unauthorised or improperly executed Payment Transactions, as well as about any other errors, discrepancies or inaccuraciesimmediately;
4.7.3. to undertake all possible measures to protect personalized authentication features.
4.8. The notification must be submitted immediately, but Company shall inform the Client about unauthorized operation no later than within 60 calendar days from till the day when the Company, in the opinion end of the Customer, executed an unauthorised Payment Transaction or executed the Payment Transaction improperly. Should the Customer fail to submit the specified notifications within the set time limit, it shall be deemed that it has unconditionally agreed with the Payment Transactions executed in the System on its behalf. The Customer must provide the Company with any available information about unauthorised access next Business Day and return funds which belong to the User Account or any other unlawful activity and take all reasonable steps as directed by Client (saved for the Company to assist in the investigation fraudulent authorisation of the unlawful activityoperation that was notified to the Bank of Lithuania).
9.6. A Party shall be released from liability for non-performance of the Contract if it proves that the Contract has not been performed due to force majeure circumstances proven in accordance with the procedure established by the applicable legal acts. The Customer must notify the Company in writing about the force majeure circumstances preventing the performance of the Contract within 10 calendar days from the date of occurrence of the said circumstances.
Appears in 1 contract
Samples: Money Remittance Service Agreement
Liability of the Parties. 9.18.1. Each Party The Parties shall be held liable for failure to comply with the terms and conditions of this Offer in accordance with the laws in force in the British Virgin Islands.
8.2. The Licensee warrants that it understands the risky nature and essence of investment activities. Any investment of funds using the Product shall be made by the Licensee at its own risk and peril based on an independent decision.
8.3. The Licensor shall not be liable for the discrepancy between the Product and the unreasonable expectations of the Licensee and their subjective assessment.
8.4. The Licensor shall not be liable to the Licensee for damages (both actual damage and lost profits), as well as any other damages, including intangible damages, harm to the honour, dignity, business reputation) of the Licensee, associated with the use or inability to use the Product.
8.5. The Licensee shall be liable for all actions and risks associated with the use of the Product.
8.6. The Licensee shall bear all risks of losses that it may incur as a result of illegal or unauthorized access of third parties to the Product.
8.7. The Licensor shall not be liable for losses incurred by the User due to unauthorized use of the Product by unauthorized persons. The Licensee shall be fully responsible for the safety of its data and funds
8.8. If, when using the Product, the Licensee gains access to stock exchange information on financial markets, the Licensor shall not be liable for the content, completeness, accuracy and timeliness of such information.
8.9. The Licensor shall not be liable for the Licensee's inability to receive an electronic message with access to the Product for reasons beyond the control of the Licensor, namely:
8.10. The Licensor shall not be liable for any damage to the Licensee's computer, mobile devices, any other Party equipment or software caused by or related to the use of the Website or Websites accessible via hyperlinks posted on the Website.
8.11. The Licensor shall not be liable for and shall not compensate the Licensee for losses caused by violations and/or errors in the operation of the Product, arising as a result of a breach poor or incorrect provision of brokerage services (quality and speed of
8.12. For violation of the Contract by the guilty Party. The guilty Party undertakes to reimburse the injured Party for the damages incurred due to the breach of the Contract. The liability of the Company under the Contract shall in all cases be limited pursuant to the following provisions:
9.1.1. the Company will be held liable only for the direct damages of the Customer;
9.1.2. in all cases, the Company will not be held liable for the Customer’s lost profits and income, loss of reputation, loss or collapse of business, indirect damages;
9.1.3. limitations restrictions on the Company’s liability will not apply if such limitations are prohibited by the applicable legal acts.
9.2. The Company shall not ensure an uninterrupted operation of the System, as the operation of the System may be affected by many factors beyond the Company’s control. The Company shall make every effort to ensure the smoothest possible operation of the System, but the Company shall not be held liable for the consequences of the malfunctions of the System, provided such malfunctions have occurred not through the Company’s fault (e.g. malfunctions of the data centre, Internet connection, and other similar malfunctions). Taking into account that the System is integrated into the Platform administered by the Operator, the Company shall also not be held liable should the System become inaccessible to the Customers due to malfunctions of the Platform administered by the Operator.
9.3. The Customer shall be held liable and undertakes to indemnify for any damages incurred by the Company, other Customers of the Company and third parties in the course of use of the Company’s Payment Services and due to infringement Product established by clause 3.3. of this Contract by the Customer.
9.4. The Customer Offer, the Licensee shall be held liable for all damages incurred due to unauthorised Payment Transactions, if those damages have been incurred due to in the use form of a lost or stolen payment instrument; illegal appropriation of a payment instrument in fine equal to two hundred times the event cost of the Customer’s failure right to safeguard use the personalised security features Product for each instance of violation. In this case, the Licensee is also obliged to immediately cease actions that violate the intellectual rights of the Licensor and take actions aimed at restoring the violated rights (including at its own expense, withdraw from circulation and destroy illegal copies of the means of identificationProduct, etc.).
9.5. The Customer must regularly (at least once a month) check the information on Payment Transactions executed in the System on its behalf and notify the Company in writing about unauthorised or improperly executed Payment Transactions, as well as about any other errors, discrepancies or inaccuracies. The notification must be submitted immediately, but no later than within 60 calendar days from the day when the Company, in the opinion of the Customer, executed an unauthorised Payment Transaction or executed the Payment Transaction improperly. Should the Customer fail to submit the specified notifications within the set time limit, it shall be deemed that it has unconditionally agreed with the Payment Transactions executed in the System on its behalf. The Customer must provide the Company with any available information about unauthorised access to the User Account or any other unlawful activity and take all reasonable steps as directed by the Company to assist in the investigation of the unlawful activity.
9.6. A Party shall be released from liability for non-performance of the Contract if it proves that the Contract has not been performed due to force majeure circumstances proven in accordance with the procedure established by the applicable legal acts. The Customer must notify the Company in writing about the force majeure circumstances preventing the performance of the Contract within 10 calendar days from the date of occurrence of the said circumstances.
Appears in 1 contract
Samples: License Agreement
Liability of the Parties. 9.111.1. Each Party shall be held liable for any and all losses damage incurred by the other Party as a result of a breach of the Contract this Agreement by the guilty defaulting Party. The guilty defaulting Party undertakes to reimburse compensate the injured Party for the damages incurred due to loss suffered as a result of the breach of the Contract. The liability of the Company FinCause under the Contract this Agreement shall in all cases be limited pursuant to governed by the following provisionsfollowing:
9.1.111.1.1. the Company will FinCause shall only be held liable only for the direct damages of the Customerdamage;
9.1.211.1.2. the liability of FinCause under this Agreement may not exceed EUR 2,000 (two thousand euros);
11.1.3. in all cases, the Company will cases FinCause shall not be held liable for the Customer’s lost profits and Client's loss of profit, income, loss of reputation, loss or collapse of business, business or other indirect damages;
9.1.311.1.4. the limitations on the Companyof FinCause’s liability will shall not apply if such limitations are prohibited by the applicable legal actslaw.
9.211.2. The Company shall FinCause does not ensure an uninterrupted operation of the System, as many factors beyond the control of FinCause may affect (interrupt) the operation of the System may be affected by many factors beyond the Company’s controlSystem. The Company FinCause shall make every effort endeavor to ensure the smoothest possible operation of the System, but the Company however, FinCause shall not be held liable for the any consequences of the malfunctions a malfunction of the SystemSystem if such failures are not attributable to FinCause (for the sake of clarity, provided such malfunctions have occurred FinCause shall not through the Company’s fault be liable for, inter alia, data center, internet supply, cloud frame interruptions, etc.).
11.3. FinCause shall not be found liable for:
11.1.1. criminal acts or operations of third parties using falsified and (e.g. malfunctions of the data centreor) unauthorized documents or unlawfully obtained data;
11.1.2. errors made by banks, Internet connection, electronic money institutions and other similar malfunctions)payment services providers, late payments, withheld funds;
11.1.3. Taking into account that the System is integrated into the Platform administered by the Operator, the Company shall also not be held liable should the System become inaccessible to the Customers due to malfunctions of the Platform administered by the Operator.
9.3. The Customer shall be held liable and undertakes to indemnify for any damages losses incurred by the CompanyClient due to suspension of Payment Services provision, other Customers blockage of the Company Account and third parties (or) Payment Instruments, or other actions, if those actions have been performed in accordance with the procedures stated in the course of use Agreement and (or) applicable legal acts and under circumstances on the basis specified in the mentioned documents;
11.1.4. failure to perform its contractual obligations and damages incurred as a result of the Company’s Payment Services and performance of its statutory duties.
11.4. The Client shall bear all losses due to infringement of this Contract by the Customer.
9.4. The Customer shall be held liable for all damages incurred due to unauthorised unauthorized Payment Transactions, if those damages have been incurred due to where such losses result from the use of a lost or stolen payment instrument; illegal appropriation of a payment instrument in the event Payment Instrument and (or) misappropriation of the Customer’s failure to safeguard Payment Instrument and (or) any action taken by the personalised security features (including the means of identification)Representative.
9.511.5. The Customer must regularly (at least once a month) check the information on Payment Transactions executed in the System on its behalf and notify the Company in writing about unauthorised or improperly executed Payment Transactions, as well as about any other errors, discrepancies or inaccuracies. The notification must be submitted immediately, but no later than within 60 calendar days from the day when the Company, in the opinion of the Customer, executed an unauthorised Payment Transaction or executed the Payment Transaction improperly. Should the Customer fail to submit the specified notifications within the set time limit, it shall be deemed that it has unconditionally agreed with the Payment Transactions executed in the System on its behalf. The Customer must provide the Company with any available information about unauthorised access to the User Account or any other unlawful activity and take all reasonable steps as directed by the Company to assist in the investigation of the unlawful activity.
9.6. A defaulting Party shall be released from liability for non-performance of the Contract Agreement if it proves that the Contract Agreement has not been performed due to force majeure circumstances proven in accordance with the procedure established as it is provided by the applicable legal actslaw. The Customer must notify defaulting Party shall inform the Company in writing injured Party about the force majeure circumstances preventing circumstances.
11.6. In the performance event of a reasonable suspicion that money laundering, terrorist financing, or other criminal activity is being executed through the Client or the Account of the Contract within 10 Client, FinCause has the right to partially or completely suspend provision of the Payment Services to the Client for a period of 30 (thirty) calendar days from with the date right to extend it an unlimited number of occurrence of times until the said circumstancescharges are fully withdrawn or confirmed.
Appears in 1 contract
Liability of the Parties. 9.110.1. Each Party The Company and the Client shall be held liable for any non-fulfillment or improper fulfillment of their obligations, under the current legislation and all losses incurred by the other Party as a result of a breach of the Contract by the guilty Partythis Agreement.
10.2. The guilty Party undertakes to reimburse the injured Party for the damages incurred due to the breach Parties shall be exempted from liability in case of the Contract. The liability force majeure resulted in non-fulfillment or improper fulfillment of the Company under the Contract shall in all cases be limited pursuant to the following provisions:
9.1.1. the Company will be held liable only for the direct damages of the Customer;
9.1.2. in all cases, the Company will not be held liable for the Customer’s lost profits and income, loss of reputation, loss or collapse of business, indirect damages;
9.1.3. limitations on the Company’s liability will not apply if such limitations are prohibited by the applicable legal actsobligations hereunder.
9.210.3. The Company shall not ensure an uninterrupted operation be liable for delays or failures in the fulfillment of its obligations if the Systemreasons for their occurrence are beyond its control. This includes, as the operation but is not limited to, strikes, work stoppages, riots, wars, fires, deaths, government orders or orders of the System may be affected by many factors beyond the Company’s controlother authorities.
10.4. The Company shall make every effort not be liable for late payments due to ensure the smoothest possible operation force majeure beyond its control, which occurred through no fault of the SystemCompany.
10.5. In case of questions or assumptions regarding the accrual of Bonus Points and other rewards, but reports on the work of subordinate organizations or errors regarding payments, the Client shall notify the Company on this in writing at xxx.xxx.xx@xxxxx.xxx within 30 days from dates of the estimated error. The Company shall not be liable for any errors, omissions or problems that it has not been notified within 30 days.
10.6. The Company shall not be liable for temporary failures and interruptions in the work of the Advisor Program and/or the Company’s website and the information loss caused by them. The Company shall not be liable for any damage to the Client’s any other person’s computer, mobile devices, any other equipment or software, caused or related to the downloading of materials from the Company’s website or via the links posted on the website.
10.7. The Company, as well as its parent and subsidiary companies, officers, shareholders, employees, successors and agents, shall not be held liable in respect of all claims arising from its Clients’ actions. The Company shall not be held liable for in respect of losses, fines, penalties or other recoverables related to the consequences of Client’s illegal activities.
10.8. If the malfunctions of Company establishes the System, provided such malfunctions have occurred not through the Company’s fault (e.g. malfunctions of the data centre, Internet connection, and other similar malfunctions). Taking into account fact that the System is integrated into User provides false information on himself/herself upon registration in the Platform administered system or during its further use, then the bot’s performance will be limited by the OperatorCompany unilaterally. If the User incurs any losses related to the bot’s performance limitation under this Clause, the Company shall also not be held liable should for their occurrence and shall not compensate the System become inaccessible User for losses. This Clause shall not apply to the Customers due to malfunctions of the Platform administered by the Operatorcases specified in Clause 10.9 hereof.
9.310.9. The Customer shall be held liable and undertakes to indemnify for any damages incurred by the Company, other Customers of If the Company and third parties establishes the fact that the User provided false information on his/her nationality (the User indicates the country not being his/her nationality) upon registration in the course of system or during its further use of and made an attempt to avoid paying VAT, then the Company’s Payment Services and due to infringement of this Contract by the Customer.
9.4. The Customer shall be held liable for all damages incurred due to unauthorised Payment Transactionscorresponding tax amount, if those damages have been incurred due to the use of a lost or stolen payment instrument; illegal appropriation of a payment instrument in the event of the Customer’s failure to safeguard the personalised security features (including the means of identification).
9.5. The Customer must regularly (at least once a month) check the information on Payment Transactions executed in the System on its behalf and notify the Company in writing about unauthorised or improperly executed Payment Transactions, as well as about any other errors, discrepancies or inaccuracies. The notification must be submitted immediately, but no later than within 60 calendar days from the day when the Company, in the opinion of the Customer, executed an unauthorised Payment Transaction or executed the Payment Transaction improperly. Should the Customer fail to submit the specified notifications within the set time limit, it shall be deemed that it has unconditionally agreed with the Payment Transactions executed in the System on its behalf. The Customer must provide the Company with any available information about unauthorised access to the User Account or any other unlawful activity and take all reasonable steps as directed by the Company to assist in the investigation of the unlawful activity.
9.6. A Party shall be released from liability for non-performance of the Contract if it proves that the Contract has not been performed due to force majeure circumstances proven payable in accordance with the procedure established by legislation of the applicable legal actscountry of his/her nationality, will be deducted from the User’s balance in his/her Personal Account. The Customer must notify bot shall cease to create new transactions when trading on Forex until the Company User’s balance becomes positive.
10.10. This Agreement is made in writing about Russian and English; the force majeure circumstances preventing the performance of the Contract within 10 calendar days from the date of occurrence of the said circumstancesEnglish version hereof shall be binding.
Appears in 1 contract
Samples: Client Agreement
Liability of the Parties. 9.111.1. Each Party shall be held The Company is not liable to the Client for any and all losses incurred by the other Party as a result of a breach of the Contract by the guilty Party. The guilty Party undertakes to reimburse the injured Party for the damages incurred due to the breach of the Contract. The liability of the Company under the Contract shall in all cases be limited pursuant to the following provisions:
9.1.1. the Company will be held liable only for the direct damages of the Customer;
9.1.2. in all cases, the Company will not be held liable for the Customer’s lost profits and incomeloss, loss of reputationprofit, loss lost opportunities, costs or collapse damage under the terms of businessthe present Regulation, indirect damages;except as otherwise provided.
9.1.311.2. limitations on The Client guarantees that the Company’s liability will not apply if such limitations are prohibited Company is protected from any kind of liabilities, expenses, claims, damage that may occur either directly or implicitly due to inability of the Client to discharge his/her obligations under the present Agreement and a relevant Regulation.
11.3. The Client is solely responsible for all orders and accuracy of information communicated in ways provided by the applicable legal actspresent Agreement.
9.211.4. The Company shall does not ensure an uninterrupted operation of bear responsibility:
11.4.1. For delays in the System, as the operation of the System may be affected by many factors Client’s orders execution for reasons beyond the Company’s control;
11.4.2. For any losses, costs, expenses and damage the Client incurs due to inaccuracy of information provided to the Client;
11.4.3. For the Client’s actions aimed to fulfill rights and obligations under the present Agreement and results of such actions.
11.5. In case the Client sustains damage resulting from events, actions or omissions for reasons independent from the Company and beyond the Company’s control, the Company does not bear any responsibility. Such events, actions or omissions include delays in transmission, placement and execution of orders; distortion in transmission of orders and/or information caused by errors, failures or malfunction of communication and data transfer systems; disruption of power supply; damage to the Client’s computer or associated hardware incurred while using the software; or for other reasons independent from the Company.
11.6. In case one of the parties fails to discharge its obligations under the present Agreement or fails to do it properly, compensation of losses is only available to the extent of the actual damage inflicted.
11.7. The Client assumes full responsibility for keeping his/her password secure and safe from unauthorized third party access.
11.8. The Company shall make every effort to ensure does not bear any responsibility for damage the smoothest possible operation of the System, but the Company shall not be held liable for the consequences of the malfunctions of the System, provided such malfunctions have occurred not through the Company’s fault (e.g. malfunctions of the data centre, Internet connection, and other similar malfunctions). Taking into account that the System is integrated into the Platform administered by the Operator, the Company shall also not be held liable should the System become inaccessible Client may incur in case his/her password becomes known to the Customers due to malfunctions of the Platform administered by the Operator.
9.3. The Customer shall be held liable and undertakes to indemnify for any damages incurred by the Company, other Customers of the Company and third parties in the course of use of the Company’s Payment Services and due to infringement of this Contract by the Customer.
9.4. The Customer shall be held liable for all damages incurred due to unauthorised Payment Transactions, if those damages have been incurred due to the use of a lost or stolen payment instrument; illegal appropriation of a payment instrument in the event of the Customer’s failure to safeguard the personalised security features (including the means of identification).
9.5. The Customer must regularly (at least once a month) check the information on Payment Transactions executed in the System on its behalf and notify the Company in writing about unauthorised or improperly executed Payment Transactionsparties, as well as about any other errors, discrepancies or inaccuracies. The notification must be submitted immediately, but no later than within 60 calendar days from the day when the Company, in the opinion case of the Customer, executed an unauthorised Payment Transaction or executed the Payment Transaction improperly. Should the Customer fail to submit the specified notifications within the set time limit, it shall be deemed that it has unconditionally agreed with the Payment Transactions executed in the System on its behalf. The Customer must provide the Company with any available information about unauthorised unauthorized third party access to the User Account or any other unlawful activity Client’s communication means used to enter Contracts and take all reasonable steps as directed by to make Transactions under the terms of the Agreement.
11.9. Under the present Agreement compensation for moral harm is unavailable and unreimbursable.
11.10. The Client is responsible before the Company and the third parties in regard to assist all his/her transactions, even in the investigation case of the unlawful activityunauthorized password usage.
9.6. A Party shall be released from liability for non-performance of the Contract if it proves that the Contract has not been performed due to force majeure circumstances proven in accordance with the procedure established by the applicable legal acts. The Customer must notify the Company in writing about the force majeure circumstances preventing the performance of the Contract within 10 calendar days from the date of occurrence of the said circumstances.
Appears in 1 contract
Samples: Client Agreement
Liability of the Parties. 9.1. Each Party shall be held liable for any and all losses incurred by the other Party as a result of a breach of the Contract by the guilty Party. The guilty Party undertakes to reimburse the injured Party for the damages incurred due to the breach of the Contract6.1. The liability of the Agreement Parties shall be defined by the terms and conditions of the Agreement as well as its Appendices.
6.2. The Company under the Contract shall in all cases be limited pursuant to the following provisions:
9.1.1. the Company will be held liable bears liability only for the direct damages Client’s real damage which occurred as a result of the Customer;Company's deliberate failure to fulfill the obligations hereunder.
9.1.26.3. in all cases, The Client shall be liable to the Company will not be held liable for losses incurred by the Company through the fault of the Client, particularly for the Customerdamage caused as a result of the Client’s lost profits failure to provide (untimely provision of) any documents required to be provided to the Company in accordance with this Agreement and incomeits Appendices, loss as well as for the damage caused to the Company as a result of reputation, loss or collapse any misrepresentation of business, indirect damages;
9.1.3the information contained in documents provided by the Client and (or) improper use of the services rendered by the Company to the Client. limitations on The Company shall have the right to write the specified losses off the Client's Account and (or) the Accounts of other parties upon the condition of the establishment of actual belonging of these Accounts to the Client by means of the Company’s liability will not apply if such limitations are prohibited by the applicable legal acts's technical functionality.
9.26.4. The Company shall not ensure an uninterrupted operation be liable in case if during the process of determining Client’s Financial Result there is discrepancy of information reflected in the Trading Terminal of the System, as Client and the operation of the System may be affected by many factors beyond information on the Company’s controlServer. To address this discrepancy the Company shall adjust the data in the Trading Terminal in accordance with the information on the Company’s Server.
6.5. The Company shall make every effort bear no liability for the Client’s losses if such are incurred as a result of hacker attacks, failures (breakdowns) of computer networks, electrical power or telecommunication systems used to ensure confirm the smoothest possible operation essential terms and conditions of the SystemClient’s Operations or to maintain the Company’s other procedures, but provided that such failures take place through no fault of the Company.
6.6. The Company shall not be held liable bear liability for technical deficiencies and (or) work Stoppages in Trading Terminal not caused by the Company as well as for the consequences Client's losses which resulted from such a failure and (or) Stoppage.
6.7. The Company shall bear no liability for results of Operations which the Client decided to conduct based on the analytical materials provided by the Company and (or) third parties. The Client is aware that Operations executed according to the Agreement are associated with risks such as a failure to receive expected income and a loss of all or part of funds deposited to the Client’s Account.
6.8. The Company shall not bear responsibility for all the losses the Client may have in case of stealing, loss or disclosure of the malfunctions Personal Account Management Portal password to the third parties. The Client shall bear responsibility for keeping the password safe and ensuring its safety from unauthorized access of the Systemthird parties.
6.9. The Company shall bear no responsibility for unfulfillment (inappropriate fulfillment) of the Agreement obligations, provided such malfunctions have occurred not through if their fulfillment was impossible because of force-majeure: any action or event (including strikes, mass riots or civil strives, acts of terrorism, wars, natural disasters, accidents, fires, floods, storms, hurricanes, interruptions of electricity, communication, software or electronic equipment), which by the Company’s fault (e.g. malfunctions well- grounded opinion resulted in market destabilization of one or several Instruments; interruption, liquidation or closing of some market or absence of any event which is a ground for the Company’s Quotes, bringing in Limitations or special or unstandardized trading conditions as well as conducting Operations at any market or in respect of any event of this kind.
6.10. The Company shall bear no responsibility for any circumstantial, special, accidental and penalty losses of the data centreClient including (but not Limited) any lost profits, Internet connection, and other similar malfunctions)the loss of any expected savings or the loss of a profit in case the Client was informed by the Company about the possibility of such losses. Taking into account Moral damage is not subject to any compensation.
6.11. The Client expressly agrees that the System is integrated into the Platform administered Quotes used by the Operator, the Company shall also not be held liable should the System become inaccessible to the Customers due to malfunctions of the Platform administered by the Operator.
9.3. The Customer shall be held liable for performing Trading Operations and undertakes to indemnify for any damages incurred by translated from the Company, other Customers of ’s Server are the Company and third parties in the course of use only right Quotes. No claims concerning discrepancy of the Company’s Payment Services and due to infringement of this Contract by the Customer.
9.4. The Customer Quotes with other sources shall be held liable for all damages incurred due to unauthorised Payment Transactions, if those damages have been incurred due to the use of a lost or stolen payment instrument; illegal appropriation of a payment instrument in the event of the Customer’s failure to safeguard the personalised security features (including the means of identification)accepted.
9.5. The Customer must regularly (at least once a month) check the information on Payment Transactions executed in the System on its behalf and notify the Company in writing about unauthorised or improperly executed Payment Transactions, as well as about any other errors, discrepancies or inaccuracies. The notification must be submitted immediately, but no later than within 60 calendar days from the day when the Company, in the opinion of the Customer, executed an unauthorised Payment Transaction or executed the Payment Transaction improperly. Should the Customer fail to submit the specified notifications within the set time limit, it shall be deemed that it has unconditionally agreed with the Payment Transactions executed in the System on its behalf. The Customer must provide the Company with any available information about unauthorised access to the User Account or any other unlawful activity and take all reasonable steps as directed by the Company to assist in the investigation of the unlawful activity.
9.6. A Party shall be released from liability for non-performance of the Contract if it proves that the Contract has not been performed due to force majeure circumstances proven in accordance with the procedure established by the applicable legal acts. The Customer must notify the Company in writing about the force majeure circumstances preventing the performance of the Contract within 10 calendar days from the date of occurrence of the said circumstances.
Appears in 1 contract
Liability of the Parties. 9.17.1. Each Party The Parties shall be held liable for any and all losses incurred by the other Party as a result nonfulfillment or undue fulfillment of a breach of the Contract by the guilty Party. The guilty Party undertakes to reimburse the injured Party for the damages incurred due to the breach of the Contract. The liability of the Company under the Contract shall liabilities hereunder in all cases be limited pursuant to the following provisions:
9.1.1. the Company will be held liable only for the direct damages of the Customer;
9.1.2. in all cases, the Company will not be held liable for the Customer’s lost profits and income, loss of reputation, loss or collapse of business, indirect damages;
9.1.3. limitations on the Company’s liability will not apply if such limitations are prohibited by compliance with the applicable legal actslaw, with due consideration of this Contract.
9.27.2. The Company shall not ensure an uninterrupted operation of the System, as the operation of the System may be affected by many factors beyond the Company’s control. The Company shall make every effort to ensure the smoothest possible operation of the System, but the Company shall not be held liable for the consequences of the malfunctions of the System, provided such malfunctions have occurred not through the Company’s fault (e.g. malfunctions of the data centre, Internet connection, and other similar malfunctions). Taking into account that the System is integrated into the Platform administered by the Operator, the Company shall also not be held liable should the System become inaccessible to the Customers due to malfunctions of the Platform administered by the Operator.
9.3. The Customer shall be held liable and undertakes to indemnify for any damages incurred by the Company, other Customers of the Company and third parties in the course of use of the Company’s Payment Services and due to infringement of this Contract by the Customer.
9.4. The Customer shall be held liable for all damages incurred due to unauthorised Payment Transactions, if those damages have been incurred due to the use of a lost or stolen payment instrument; illegal appropriation of a payment instrument in the event of the Customer’s failure to safeguard the personalised security features (including the means of identification).
9.5. The Customer must regularly (at least once a month) check the information on Payment Transactions executed in the System on its behalf and notify the Company in writing about unauthorised or improperly executed Payment Transactions, as well as about any other errors, discrepancies or inaccuracies. The notification must be submitted immediately, but no later than within 60 calendar days from the day when the Company, in the opinion of the Customer, executed an unauthorised Payment Transaction or executed the Payment Transaction improperly. Should the Customer fail to submit the specified notifications within the set time limit, it shall be deemed that it has unconditionally agreed with the Payment Transactions executed in the System on its behalf. The Customer must provide the Company with any available information about unauthorised access to the User Account or any other unlawful activity and take all reasonable steps as directed by the Company to assist in the investigation of the unlawful activity.
9.6. A Party shall be released from liability for the losses, incurred by the Customer directly or indirectly as a result of full or partial use or failure to use the Services in the following cases: should the losses be caused by the activities or failure to act of the third parties; should the losses be attributed to the software errors or malicious software components used by the Customer; should the losses be caused by the Customer’s failure to ensure the confidentiality of its account data or any other confidential information, or as a result of third party unauthorized access to any Customer’s information technology resources.
7.3. The Company shall not be responsible for the contents of information, sent by the Customer via telecommunication channels and communications networks, as well as information from the Customer’s information technology resources.
7.4. The Customer is fully responsible for complying with the laws of personal data or other similar laws, restrictions and rules (hereinafter collectively – the Personal Data Laws) and acknowledges that object data directly or indirectly associated with the use of the flespi platform will not be delivered or exported to countries or used in any other ways prohibited by the Personal Data Laws. In any case, the Customer is solely liable for claims for compensation for direct, actual, accidental or indirect damage and / or payment of penalties resulting from the movement and / or location of Customer’s facilities whose data are directly or indirectly related to the use of the flespi platform, within or outside the territory of the country where registered office of the Company is located, in violation of the Personal Data Laws.
7.5. The Parties hereto unconditionally agree that the maximum foreseeable loss, to be recovered from the Company, shall be limited by the sum of the Services paid by the Customer in the relevant month, in which the non-performance execution or undue execution of the Contract if it proves that Services occurred and the Contract has stated losses were caused.
7.6. The Company’s limitation of liability stipulated by clause 7.5. hereof shall not been performed due to force majeure circumstances proven in accordance with be applied if:
7.6.1. the procedure established extent of liability for this type of liability or for this violation is stipulated by the applicable legal actslaw;
7.6.2. Company’s non-fulfillment or undue fulfillment of liabilities hereunder is attributed to its direct intent.
7.7. The Customer must shall be fully liable for any of its activities in the process of using Internet, information resources or Company’s Services, as well as for any consequences hereof.
7.8. The Customer shall be fully liable for any third party activities, including unauthorized activities, arising out of the Customer’s non-observance of confidentiality of its account data or any other confidential information, as well as for any consequences hereof.
7.9. In case brining a claims or suits against the Company, based on the infringement of rights of third parties in connection with the creation and / or storage by the Customer of information in the process of using the flespi platform, the Company shall immediately notify the Customer thereof. The Customer undertakes at his own expense to conduct all negotiations for the settlement of such claims or lawsuits and any litigation that may arise as a result. The Customer undertakes comprehensively compensate the actual damage incurred by the Company in writing about terms of such claim/lawsuit. The Customer upon the force majeure circumstances preventing Company's request provides reasonable and economically substantiated assistance for claim contestation and the performance Customer undertakes to compensate all expenses incurred by the Company upon named assistance (including legal, technical and other consultations). In case of no response from the Customer within the reasonable term, the Company may conduct negotiations and/or take part in judicial proceeding for the settlement of claims and lawsuits. Besides, the Company has the right in future to set up a claim against the Customer for damage compensation, including litigation costs caused by violation of obligations concerned with defense against the claims, lawsuits and requirements of the Contract within 10 calendar days from the date of occurrence of the said circumstancesthird party (including legal, technical and other consultations and litigation costs).
Appears in 1 contract
Samples: Public Offer Contract
Liability of the Parties. 9.110.1. Each Party shall be held liable for any fines, penalties and all losses incurred by the other Party as a result of a breach of the Contract Agreement by the guilty Party. The guilty defaulting Party undertakes to reimburse shall indemnify the injured other Party any direct losses arising from such breach. RPB‘s liability under the Agreement shall always be limited as follows:
10.1.1. EPB shall only be liable for the damages direct losses incurred due to the a direct material breach of the Contract. The liability Agreement committed by EPB, and only for such losses which EPB could have reasonably foreseen at the time of the Company under the Contract shall in all cases be limited pursuant to the following provisions:
9.1.1. the Company will be held liable only for the direct damages of the Customerbreach;
9.1.210.1.2. in all cases, the Company will EPB shall not be held liable liable, in any circumstances, for a loss of profit or income by the Customer’s lost profits and incomeClient, loss of reputation, loss or collapse of business, and indirect damageslosses;
9.1.310.1.3. limitations on EPB shall not be liable for any additional costs or indirect losses (loss of income or profit etc.) of the Company’s Client in relation to the Payment Operation that was not performed or was performed improperly.
10.2. Limitations of EPB‘s liability will shall not apply be applied if such limitations are prohibited by applicable law.
10.3. EPB shall not undertake to ensure uninterrupted operation of EPB system as such operation can be influenced by factors beyond EPB‘s control. EPB shall make every reasonable effort to ensure that the applicable EPB system operates as smoothly as possible, however, in all cases EPB shall not be liable for consequences ensuing from disruptions in the operation of the EPB system.
10.4. Cases where EPB restricts logging-in to the User Self-Service System temporarily (for no longer than 24 (twenty four) hours) due to the latter’s disruptions for which repairs or improvement works are required and similar cases shall not be deemed to be disruptions of the EPB system‘s operation, provided that EPB notifies such cases to the Client at least 24 (twenty-four) hours prior to the start of such works.
10.5. EPB shall not be liable for any consequences arising from:
10.5.1. a lawful termination of the Agreement by EPB, cancellation of the User Self-Service System or restriction of access thereto, and restriction/termination of provision of part of the services;
10.5.2. a disruption in the fulfilment of any obligation of EPB for reasons for which a third party is responsible, where such third party is beyond control of EPB and EPB is unable to foresee consequences arising from actions and/or omissions of such third party;
10.5.3. other cases stipulated in the Agreement and/or provided by legal acts.
9.210.6. The Company Client shall not ensure an uninterrupted operation of the System, as the operation of the System may be affected by many factors beyond the Company’s control. The Company shall make every effort to ensure the smoothest possible operation of the System, but the Company shall not be held fully liable for the consequences truthfulness of data and instructions provided to EPB and on the User Self-Service System. The Client shall be fully liable for any losses incurred by EPB due to untrue information or invalid documents provided to EPB, mistakes in the Payment Orders and/or the Client‘s failure to fulfil his obligations under the Agreement.
10.7. The Client shall be prohibited from using the identification facilities for taking any actions, or allowing third parties to take any actions, aimed at altering, disrupting or otherwise affecting the provision/operation of EPB services. In the event of such actions or attempted actions EPB shall be released from any liability or obligations under this Agreement.
10.8. If the Client denies authorising the Payment Operation which was executed or asserts that the Payment Operation was executed improperly, EPB shall be responsible for proving that the authenticity of the malfunctions of the SystemPayment Operation was approved, provided such malfunctions have occurred not through the Company’s fault (e.g. malfunctions of the data centre, Internet connectionit was duly recorded and entered into accounts, and was not affected by any technical or other similar malfunctions)factors.
10.9. Taking into account that If the System Client is integrated into the Platform administered by the OperatorUser, the Company shall also not Client may be held liable should the System become inaccessible to the Customers due to malfunctions of the Platform administered by the Operator.
9.3. The Customer shall be held liable and undertakes to indemnify for any damages incurred by the Company, other Customers of the Company and third parties in the course of use of the Company’s Payment Services and due to infringement of this Contract by the Customer.
9.4. The Customer shall be held liable for all damages incurred due to pay losses arising from unauthorised Payment TransactionsOperations, if those damages up to EUR 50 (fifty euros) provided they have been incurred due to: (i) use of the Means of Payment that was lost or stolen; or (ii) misappropriation of the Means of Payment.
10.10. If the Client is not the User, the Client shall be liable for any losses arising for reasons stated in Clause 10.8 above.
10.11. The Client shall be liable for any losses arising from unauthorised Payment Operations if the Client has incurred them while acting in bad faith or negligently or due to the Client‘s deliberate non-fulfilment of the following obligations of the Client – any one or all of them:
10.11.1. Use the Means of Payment according to the rules for the issue and use of a lost or stolen payment instrument; illegal appropriation the Means of a payment instrument Payment set out in the event Agreement or Annexes thereto;
10.11.2. Having learnt about a loss, theft, misappropriation or unauthorised use of the Customer’s failure to safeguard Means of Payment, or any facts or suspicions that the personalised security features (including of the means Means of identification)Payment held by him have become known or may be used by third parties, report this to EPB or an entity indicated by EPB immediately;
10.11.3. On receipt of the Means of Payment, take action to protect the personalised security features of the Means of Payment.
9.510.12. The Customer must regularly (at least once a month) check the information on Payment Transactions executed in the System on its behalf and notify the Company in writing about unauthorised or improperly executed Payment Transactions, as well as about any other errors, discrepancies or inaccuracies. The notification must be submitted immediately, but no later than within 60 calendar days from the day when the Company, in the opinion of the Customer, executed an unauthorised Payment Transaction or executed the Payment Transaction improperly. Should the Customer fail to submit the specified notifications within the set time limit, it shall be deemed that it has unconditionally agreed with the Payment Transactions executed in the System on its behalf. The Customer must provide the Company with any available information about unauthorised access to the User Account or any other unlawful activity and take all reasonable steps as directed by the Company to assist in the investigation of the unlawful activity.
9.6. A Party shall be released exempted from liability for non-performance of the Contract Agreement if it the Party proves that the Contract this has not been performed due to resulted from force majeure circumstances proven proved according to a procedure prescribed by law. The Client shall notify the occurrence of force majeure preventing him from performing the Agreement to EPB within 10 (ten) calendar days after the day when force majeure arose. EPB shall notify the occurrence of force majeure to the Client via email or through the User Self-Service System.
10.13. In the event of loss of the User Self-Service System‘s log-in accordance with the procedure established data by the applicable legal acts. The Customer must notify the Company in writing about the force majeure circumstances preventing the performance Client or disclosure of such data through no fault of the Contract Client and EPB, or if a threat to the User Self-Service System arose or can potentially arise, the Client shall immediately change his passwords, and if he is unable to do so, the Client shall immediately (but no later than within 10 1 (one) calendar days from the date of occurrence day) inform EPB according to a procedure set out in this Agreement. On receipt of the said circumstancesClient‘s notice EPB shall immediately stop access to the User Self-Service System and provision of EPB services until a new password is assigned or created to/by the Client.
Appears in 1 contract
Samples: Framework Agreement
