Common use of Notices and Electronic Communications Clause in Contracts

Notices and Electronic Communications. 52.1 Any notice or other communication given under this Agreement must be in writing and may be: 52.1.1 made by electronic means, including e-mail; 52.1.2 delivered personally; 52.1.3 sent by prepaid recorded delivery or registered post, or registered airmail in the case of an address for service outside Kenya; or 52.1.4 by fax with a confirmatory copy sent by post (as above), to your or our address as specified in this Agreement or to such other address, the e-mail address or fax number as either you or we may have last notified to the other, as applicable. 52.2 Any such notice will be considered to have been served: 52.2.1 if delivered by hand, at the time of delivery; 52.2.2 if sent by prepaid recorded delivery or registered post, Two (2) clear Business Days after the date of posting (i.e. not including the day of posting itself); 52.2.3 if sent by registered airmail, Five (5) clear Business Days from the date of posting (i.e. not including the day of posting itself); 52.2.4 if sent by fax, at the completion of transmission during business hours at its destination or, if not within business hours, at the opening of the next period of business hours, but subject to: a. proof by the sender that it holds a printed transmission report confirming despatch of the transmitted notice; b. the sender not receiving any telephone calls from the recipient, to be confirmed in writing, that the fax has not been received in a legible form; and c. dispatch of the notice by post in accordance with section 52.1.4 on the same day as its transmission; 52.2.5 If sent by e-mail, one hour after sending during business hours at its destination or, if not within business hours, at the opening of the next period of business hours, but subject to no “not sent” or “not received” message being received from the relevant e-mail providers. E-mail may be used to enable us to communicate with you. You agree that we may record all such communications (see section 51). As with any other means of delivery, this carries with it the risk of inadvertent misdirection or non-delivery. It is your responsibility to carry out a virus check on any attachments received. As internet communications are capable of data corruption, we do not accept any responsibility for changes made to such communications after their despatch. For this reason, it may be inappropriate to rely on the content of an e-mail without obtaining written confirmation of it. All risks connected with sending confidential information relating to you are borne by you and are not our responsibility. If you do not accept this risk, you should notify us in writing that e-mail is not an acceptable means of communication. 52.3 It is your responsibility to notify us immediately if any of the contact details provided by you change, and we are not responsible for any communication which you do not receive for failure to do so, and until such time as we receive actual notice informing us of these changes. 52.4 From time to time, we may decide to provide you with information by online newsletters, which we may post on our Website or provide to you in any other manner. We will make all reasonable efforts to ensure the accuracy and completeness of this information, but it will not amount to investment advice or recommendation and if you have any doubts as to the effect or consequences of the information for you, you should contact your independent financial adviser. We reserve the right to charge a fee for subscription to our newsletter, as detailed from time to time on our Website. If we do so, you are entitled to refuse subscription to the newsletter if you notify us in writing. 52.5 You should communicate with us in English. All INGOT Brokers’ standard documents (including this Agreement) will be available in English. If a document is translated into another language this will be for information purposes only and the English original version will prevail in the event of any conflict or inconsistency. 52.6 Subject to Applicable Regulations, any communications between us using electronic signatures will be binding to the same extent as if they were in writing. By signing this Agreement, you give your consent to the receipt of communications by electronic means, notwithstanding that certain communications would otherwise be required to be made using a durable medium under Applicable Regulations. Without limiting the generality of the foregoing, orders placed, or other instructions given by electronic means will constitute evidence of such orders or instructions. If you no longer wish to communicate in this way, you must revoke your consent in writing in accordance with section Error! Reference source not found.. If you do not wish to communicate via electronic means at all, you must inform us of your wishes prior to you signing this Agreement. You agree that we may record all such communications (please refer to section 51).

Notices and Electronic Communications. 52.1 Any notice or other communication given under this Agreement must be in writing and may be: 52.1.1 made by electronic means, including e-mail; 52.1.2 delivered personally; 52.1.3 sent by prepaid recorded delivery or registered post, or registered airmail in the case of an address for service outside Kenya; or 52.1.4 by fax with a confirmatory copy sent by post (as above), to your or our address as specified in this Agreement or to such other address, the e-mail address or fax number as either you or we may have last notified to the other, as applicable. 52.2 . Any such notice will be considered to have been served: 52.2.1 if delivered by hand, at the time of delivery; 52.2.2 if sent by prepaid recorded delivery or registered post, Two (2) clear Business Days after the date of posting (i.e. not including the day of posting itself); 52.2.3 if sent by registered airmail, Five (5) clear Business Days from the date of posting (i.e. not including the day of posting itself); 52.2.4 if sent by fax, at the completion of transmission during business hours at its destination or, if not within business hours, at the opening of the next period of business hours, but subject to: a. proof by the sender that it holds a printed transmission report confirming despatch of the transmitted notice; b. the sender not receiving any telephone calls from the recipient, to be confirmed in writing, that the fax has not been received in a legible form; and c. dispatch of the notice by post in accordance with section 52.1.4 on the same day as its transmission; 52.2.5 If if sent by e-mail, one hour after sending during business hours at its destination or, if not within business hours, at the opening of the next period of business hours, but subject to no “not sent” or “not received” message being received from the relevant e-mail providers. E-mail may be used to enable us to communicate with you. You agree that we may record all such communications (see section 51). As with any other means of delivery, this carries with it the risk of inadvertent misdirection or non-delivery. It is your responsibility to carry out a virus check on any attachments received. As internet communications are capable of data corruption, we do not accept any responsibility for changes made to such communications after their despatch. For this reason, it may be inappropriate to rely on the content of an e-mail without obtaining written confirmation of it. All risks connected with sending confidential information relating to you are borne by you and are not our responsibility. If you do not accept this risk, you should notify us in writing that e-mail is not an acceptable means of communication. 52.3 . It is your responsibility to notify us immediately if any of the contact details provided by you change, and we are not responsible for any communication which you do not receive for failure to do so, and until such time as we receive actual notice informing us of these changes. 52.4 . From time to time, we may decide to provide you with information by online newsletters, which we may post on our Website or provide to you in any other manner. We will make all reasonable efforts to ensure the accuracy and completeness of this information, but it will not amount to investment advice or recommendation and if you have any doubts as to the effect or consequences of the information for you, you should contact your independent financial adviser. We reserve the right to charge a fee for subscription to our newsletter, as detailed from time to time on our Website. If we do so, you are entitled to refuse subscription to the newsletter if you notify us in writing. 52.5 . You should communicate with us in English. All INGOT Brokers’ EGM standard documents (including this Agreement) will be available in English. If a document is translated into another language this will be for information purposes only and the English original version will prevail in the event of any conflict or inconsistency. 52.6 . Subject to Applicable Regulations, any communications between us using electronic signatures will be binding to the same extent as if they were in writing. By signing this Agreement, you give your consent to the receipt of communications by electronic means, notwithstanding that certain communications would otherwise be required to be made using a durable medium under Applicable Regulations. Without limiting the generality of the foregoing, orders placed, or other instructions given by electronic means will constitute evidence of such orders or instructions. If you no longer wish to communicate in this way, you must revoke your consent in writing in accordance with section Error! Reference source not found.. If you do not wish to communicate via electronic means at all, you must inform us of your wishes prior to you signing this Agreement. You agree that we may record all such communications (please refer to section 51).

Notices and Electronic Communications. 52.1 Any notice or other communication given under this Agreement must be in writing and may be: 52.1.1 53.1.1. made by electronic means, including e-mail; 52.1.2 53.1.2. delivered personally; 52.1.3 53.1.3. sent by prepaid recorded delivery or registered post, or registered airmail in the case of an address for service outside Kenyathe United Kingdom; or 52.1.4 53.1.4. by fax with a confirmatory copy sent by post (as above), to your or our address as specified in this Agreement or to such other address, the e-mail address or fax number as either you or we may have last notified lastnotified to the other, as applicable. 52.2 . Any such notice will be considered to have been served: 52.2.1 53.2.1. if delivered by hand, at the time of delivery; 52.2.2 53.2.2. if sent by prepaid recorded delivery or registered post, Two (2) two clear Business Days after the date of posting (i.e. not including the day of posting itself); 52.2.3 53.2.3. if sent by registered airmail, Five (5) five clear Business Days from the date of posting (i.e. not including the day of posting itself); 52.2.4 53.2.4. if sent by fax, at the completion of transmission during business hours at its destination or, if not within business hours, at the opening of the next period of business hours, but subject to: a. proof by the sender that it holds a printed transmission report confirming despatch of the transmitted noticetransmittednotice; b. the sender not receiving any telephone calls from the recipient, to be confirmed in writing, that the fax has not been received in a legible form; and c. dispatch of the notice by post in accordance with section 52.1.4 clause 53.1.4 on the same day as its transmission;; and 52.2.5 If d. if sent by e-mail, one hour after sending during business hours at its destination or, if not within business hoursbusinesshours, at the opening of the next period of business hours, but subject to no “not sent” or “not received” message received”message being received from the relevant e-mail providers. E-mail may be used to enable us to communicate with you. You agree that we may record all such communications (see section 51). As with any other means of delivery, this carries with it the risk of inadvertent misdirection or non-delivery. It is your responsibility to carry out a virus check on any attachments received. As internet communications are capable of data corruption, we do not accept any responsibility for changes made to such communications after their despatch. For this reason, it may be inappropriate to rely on the content of an e-mail without obtaining written confirmation of it. All risks connected with sending confidential information relating to you are borne by you and are not our responsibility. If you do not accept this risk, you should notify us in writing that e-mail is not an acceptable means of communication. 52.3 It is your responsibility to notify us immediately if any of the contact details provided by you change, and we are not responsible for any communication which you do not receive for failure to do so, and until such time as we receive actual notice informing us of these changes. 52.4 From time to time, we may decide to provide you with information by online newsletters, which we may post on our Website or provide to you in any other manner. We will make all reasonable efforts to ensure the accuracy and completeness of this information, but it will not amount to investment advice or recommendation and if you have any doubts as to the effect or consequences of the information for you, you should contact your independent financial adviser. We reserve the right to charge a fee for subscription to our newsletter, as detailed from time to time on our Website. If we do so, you are entitled to refuse subscription to the newsletter if you notify us in writing. 52.5 You should communicate with us in English. All INGOT Brokers’ standard documents (including this Agreement) will be available in English. If a document is translated into another language this will be for information purposes only and the English original version will prevail in the event of any conflict or inconsistency. 52.6 Subject to Applicable Regulations, any communications between us using electronic signatures will be binding to the same extent as if they were in writing. By signing this Agreement, you give your consent to the receipt of communications by electronic means, notwithstanding that certain communications would otherwise be required to be made using a durable medium under Applicable Regulations. Without limiting the generality of the foregoing, orders placed, or other instructions given by electronic means will constitute evidence of such orders or instructions. If you no longer wish to communicate in this way, you must revoke your consent in writing in accordance with section Error! Reference source not found.. If you do not wish to communicate via electronic means at all, you must inform us of your wishes prior to you signing this Agreement. You agree that we may record all such communications (please refer to section 51).