Common use of Means of Communication Clause in Contracts

Means of Communication. The Client and the Bank agree to communicate by post, telephone, or email under the conditions set out in the article hereinafter, to the contact details indicated by the Client in the specific conditions. The Client undertakes to inform his Bank of any change to his contact details, on the understanding that any notifications and letters sent by the Bank will be duly sent to the last address communicated by the Client. Orders placed by telephone, which do not require the Client to use a confidential identifier code, must be confirmed by the Client in writing at the earliest opportunity without the Client being able to plead the absence of confirmation to contest an order placed and executed in this manner. The Bank draws the Client's attention to the fact that orders transmitted by telephone in addition to telephone conversations and callers' numbers shall be recorded. Such records are stored for a period of five years. They will be used as evidence, particularly in the event of a dispute, which the Client expressly accepts. It is expressly agreed that since the process of transmitting orders by email is the Client’s choice, the Client declares that it is aware of the risks inherent to said operating procedure. The Bank, on properly executing orders which bear a signature that appears to match the sample signatures submitted or sent from the email address indicated by the Client, shall receive good discharge for the execution of these orders and have no further liability. The Bank reserves the right to defer execution of the order, particularly in case of doubt as to the quality of the order transmitted (quality of the message, the instructing party, etc.). In which case, the Bank may carry out any check on the lawfulness of orders received, by means of a call-back or other method, and ask for the order to be formulated again. Where the Bank exercises this option, it will in no way be liable for delays in execution caused by these checks and the Client assumes full responsibility for any consequences that may arise. The email received by the Bank or the photocopy that might be made of it as required by the Bank shall be considered proof between the parties. Similarly, only the dates and times of receipt of the message indicated by the receiving workstation will have contractual validity and not those indicated on the sending workstation. For the security of transactions and in the mutual interest of the parties, the Bank shall still have the right, if it thinks fit, to carry out all regularity audits on orders received by secure messaging if the transaction is allowed, by means of a call-back or any other method.

Appears in 2 contracts

Samples: Account Agreement, Account Agreement

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Means of Communication. The Client and the Bank agree to communicate by post, telephone, or email under the conditions set out in the article hereinafter, to using the contact details indicated by the Client in the specific terms and conditions. The Client undertakes to inform his his/her Bank of any change to his his/her contact details, on the understanding that any notifications and letters sent by the Bank will be duly sent to the last address communicated by the Client. Orders placed by telephone, which do not require the Client to use a confidential identifier conf idential identif ier code, must be confirmed by the Client in writing at the earliest opportunity without the Client being able to plead invoke the absence of confirmation to contest an order placed and executed in this manner. The Bank draws the Client's ’s attention to the fact f act that orders transmitted by telephone in addition to telephone conversations and callers' numbers shall be recorded. Such records are stored for a period of five years. They will be used as evidence, particularly in the event ev ent of a dispute, which the Client expressly accepts. It is expressly agreed that since the process of transmitting orders by email is the Client’s choice, the Client declares that it he/she is aware of the risks inherent to said operating procedure. The Bank, on properly executing executed orders which bear a signature that appears to match the sample signatures submitted or sent from the email address indicated by the Client, shall receive good receiv e valid discharge for the execution of these orders and have no further liabilityliability . The Bank reserves the right to defer execution of the order, particularly in case of doubt as to the quality of the order transmitted (quality of the message, the instructing party, etc.). In which case, the Bank may carry out any check on the lawfulness regularity of received orders received, by means of a call-back or other method, method and ask for f or the order to be formulated againrev ised and reissued. Where the Bank exercises this option, it will shall in no way be liable for delays in execution caused by these checks checks, and the Client assumes full f ull responsibility for f or any consequences that may arise. The email received by the Bank or the photocopy that might be made of it as required by the Bank shall be considered proof between the parties. Similarly, only the dates and times of receipt of the message indicated by the receiving workstation will have contractual validity and not those indicated on the sending workstation. For the security of transactions and in the mutual interest of the parties, the Bank shall still have continue to hav e the right, if it thinks fit, to carry out all regularity audits on orders received receiv ed by secure messaging if the transaction is allowed, by means of a call-back or any other method.

Appears in 2 contracts

Samples: Account Agreement, Account Agreement

Means of Communication. The Client and the Bank agree to communicate by post, telephone, or email under the conditions set out in the article hereinafter, to using the contact details indicated by the Client in the specific terms and conditions. The Client undertakes to inform his his/her Bank of any change to his his/her contact details, on the understanding that any notifications and letters sent by the Bank will be duly sent to the last address communicated by the Client. Orders placed by telephone, which do not require the Client to use a confidential identifier code, must be confirmed by the Client in writing at the earliest opportunity without the Client being able to plead invoke the absence of confirmation to contest an order placed and executed in this manner. The Bank draws the Client's ’s attention to the fact that orders transmitted by telephone in addition to telephone conversations and callers' numbers shall be recorded. Such records are stored for a period of five years. They will be used as evidence, particularly in the event of a dispute, which the Client expressly accepts. It is expressly agreed that since the process of transmitting orders by email is the Client’s choice, the Client declares that it he/she is aware of the risks inherent to said operating procedure. The Bank, on properly executing executed orders which bear a signature that appears to match the sample signatures submitted or sent from the email address indicated by the Client, shall receive good valid discharge for the execution of these orders and have no further liability. The Bank reserves the right to defer execution of the order, particularly in case of doubt as to the quality of the order transmitted (quality of the message, the instructing party, etc.). In which case, the Bank may carry out any check on the lawfulness regularity of received orders received, by means of a call-back or other method, method and ask for the order to be formulated againrevised and reissued. Where the Bank exercises this option, it will shall in no way be liable for delays in execution caused by these checks checks, and the Client assumes full responsibility for any consequences that may arise. The email received by the Bank or the photocopy that might be made of it as required by the Bank shall be considered proof between the parties. Similarly, only the dates and times of receipt of the message indicated by the receiving workstation will have contractual validity and not those indicated on the sending workstation. For the security of transactions and in the mutual interest of the parties, the Bank shall still continue to have the right, if it thinks fit, to carry out all regularity audits on orders received by secure messaging if the transaction is allowed, by means of a call-back or any other method.

Appears in 1 contract

Samples: Account Agreement

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Means of Communication. The Client and the Bank agree to communicate by post, telephone, or email under the conditions set out in the article hereinafter, to the contact details indicated by the Client in the specific conditions. The Client undertakes to inform his Bank of any change to his contact details, on the understanding that any notifications and letters sent by the Bank will be duly sent to the last address communicated by the Client. Orders placed by telephone, which do not require the Client to use a confidential identifier ID code, must be promptly confirmed by the Client in writing at the earliest opportunity without writing. This notwithstanding, the Client being able may not plead to plead the absence of a confirmation on his part to contest dispute an order placed and executed in this mannerexecuted. The Bank draws the Client's attention to the fact that orders transmitted by telephone in addition to telephone conversations and callers' numbers shall be recorded. Such records are stored for a period of five years. They will be used as evidence, particularly in the event of a dispute, which the Client expressly accepts. .. It is expressly agreed that since the process of transmitting orders by email is the Client’s choice, the Client declares that it is aware of the risks inherent to said operating procedure. The Bank, on properly executing orders which bear a signature that appears to match the sample signatures submitted or sent from the email address indicated by the Client, shall receive good discharge for the execution of these orders and have no further liability. The Bank reserves the right to defer execution of the order, particularly in case of doubt as to the quality of the order transmitted (quality of the message, the instructing party, etc.). In which case, the Bank may carry out any check on the lawfulness of orders received, by means of a call-back or other method, and ask for the order to be formulated again. Where the Bank exercises this option, it will in no way be liable for delays in execution caused by these checks and the Client assumes full responsibility for any consequences that may arise. The email received by the Bank or the photocopy that might be made of it as required by the Bank shall be considered proof between the parties. Similarly, only the dates and times of receipt of the message indicated by the receiving workstation will have contractual validity and not those indicated on the sending workstation. For the security of transactions and in the mutual interest of the parties, the Bank shall still have the right, if it thinks fit, to carry out all regularity audits on orders received by secure messaging if the transaction is allowed, by means of a call-back or any other method.

Appears in 1 contract

Samples: Account Agreement

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