Payment Services. 2.1 If the Payment Services is registered by the Application and the relevant Consents are submitted by the Customer, the Bank shall provide to the Customer the services (the “Payment Services”) of money transfer (“Money Transfer”) between the Accounts and other accounts as registered by the Customer. 2.2 In case where the Customer utilizes the Payment Services with respect to the Accounts which the Customer or the Affiliated Companies maintain with the Bank, the following provisions shall apply: (1) The Bank is hereby authorized to debit the Accounts with the amount (including remittance charges, cable charges handling commissions, paying bank’s charges and intermediary bank’s charges) required for Money Transfer, without any check or any withdrawal slip with its bank book. The foregoing provisions shall apply with respect to the charges for the cancellation and correction of money transfer instructions made by the Customer to the Bank. (2) Money Transfer may be executed through the head office and branches of the Bank and the Financial Institutions Concerned. The Bank is hereby authorized to decide, at its discretion, on the ways and means of executing Money Transfer (concerning the routes and the ways of money transfer and transmission of instructions with the Financial Institutions Concerned and other matters). In executing Money Transfer and making payments in relation thereto, the Bank and the Financial Institutions Concerned may rely on the identifying account number or other numerical information included in the Customer's instruction. The Customer shall be responsible for the consistency between an identifying numbers and parties named and shall indemnify the Bank against any damages which the Bank may incur as a result of any inconsistency thereof. (3) In case where Money Transfer is executed in a currency other than the currency of the place where the beneficiary is situated, the Customer agrees that the currency and the exchange rate applicable to the payment to the beneficiary shall be determined by the Bank or the Financial Institutions Concerned in accordance with the local customs and practices, laws and regulations or the handling procedures of the Bank and the Financial Institutions Concerned. (4) The terms and conditions of the Bank’s overseas remittance regulations and domestic remittance regulations and other rules which the Bank generally applies to similar transactions shall apply with respect to matters not provided for in the Basic Agreement and these Terms and Conditions. (5) The Customer and Affiliated Companies (a) agree that the Bank may provide, for the purpose of Money Transfer, the information necessary to identify the applicant of Money Transfer, including their names and addresses and the account number of the Accounts and (b) undertake to provide the information necessary to identify the recipient, including the name, address and account number of the recipient, if required by the competent authorities or other public bodies or pursuant to the treaties, laws, regulations, customs, practices or international regulations and agreements. 2.3 In case where the Customer utilizes the Payment Services with respect to the Accounts which the Customer or the Affiliated Companies maintain with Financial Institutions Concerned other than the Bank, the following provisions shall apply: (1) Money Transfer from the Accounts maintained with Financial Institutions Concerned other than the Bank shall be executed by transmitting money transfer instructions by the Bank to the Financial Institutions Concerned. The Bank is hereby authorized to decide, at its discretion, on the ways and means of transmitting money transfer instructions. In executing Money Transfer and making payments in relation thereto, the Bank and the Financial Institutions Concerned may rely on the identifying account number or other numerical information included in the Customer's instruction. The Customer shall be responsible for the consistency between an identifying numbers and parties named and shall indemnify the Bank against any damages which the Bank may incur as a result of any inconsistency thereof. (2) The obligations of the Bank in this Clause 2.3 shall be limited to transmitting money transfer instructions to the Financial Institutions Concerned with which the Accounts are maintained. The Bank shall in no case be liable in relation to the execution of Money Transfer by the Financial Institutions Concerned. (3) In case where Money Transfer is executed in a currency other than the currency of the place where the beneficiary is situated, the Customer agrees that the currency and the exchange rate applicable to the payment to the beneficiary shall be determined by the Bank or the Financial Institutions Concerned in accordance with the local customs and practices, laws and regulations or the handling procedures of the Bank and the Financial Institutions Concerned. (4) The terms and conditions of the Bank’s overseas remittance regulations and other rules which the Bank generally applies to similar transactions shall apply with respect to matters not provided for in the Basic Agreement and these Terms and Conditions. 2.4 The Bank shall exert its best efforts to execute Money Transfer or to transmit money transfer instructions without delay, if the instruction for the Payment Services is received by the Bank before the cutoff time set forth by the Bank. 2.5 The Customer acknowledges that Money Transfer may not be executed, whether or not a notice is given by the Bank, in any of the following cases: (1) where the funds available in the Account are not sufficient for Money Transfer; (2) where there exists security interest created over, or attachment made against, the funds in the Account and the disposition thereof is restricted or prohibited; (3) where the instruction for the Payment Services does not satisfy the conditions set forth by the Bank; (4) where there exists ambiguity, contradiction, omission or other defect in the instruction for the Payment Services; (5) where the Bank observes that the instruction for the Payment Services may not be authorized by the Customer; (6) where the execution of Money Transfer may be in conflict with applicable laws and regulations; (7) where the bank (or its branch) with which the account of the recipient is maintained is not a correspondent bank of the Servicing Office with which the Account is maintained. (8) where any event occurs which renders Money Transfer difficult or impossible. 2.6 The Customer shall have no right to cancel or correct instructions for the Payment Services, if such instruction has been accepted by the Bank. If the Customer requests for cancellation or correction of the instruction given by the Customer or for refund of any executed Money Transfer, an application shall be made as set forth by the Bank. The Customer acknowledges that cancellation and refund of Money Transfer may not be effected due to the involvement of Financial Institutions Concerned or otherwise and that fees and other costs may be charged or deducted from the funds to be transferred by Financial Institutions Concerned. The Bank is hereby authorized to decide, at its discretion, on the ways and means of cancellation and refund of Money Transfer (concerning the routes, currency, foreign exchange rate and other matters). 2.7 The Customer shall bear the costs and expenses which may be incurred in relation to cancellation and refund of Money Transfer (including those incurred where cancellation and refund are not executed). The Customer shall indemnify the Bank from any damages which may be incurred in relation to cancellation and refund of Money Transfer (including those incurred where cancellation and refund are not executed). The Bank is hereby authorized to debit from the Accounts the amount to compensate for such costs, expenses and damages without any check or any withdrawal slip with its bank book.
Appears in 4 contracts
Samples: GCMS Plus Terms and Conditions, GCMS Plus Terms and Conditions, GCMS Plus Terms and Conditions
Payment Services. 2.1 If the Payment Services is registered by the Application and the relevant Consents are submitted by the Customer, the Bank shall provide to the Customer the services (the “Payment Services”) of money transfer/other methods of fund transfer (“Money Transfer”) between the Accounts and other accounts as registered by the Customer.
2.2 In case where the Customer utilizes the Payment Services with respect to the Accounts which the Customer or the Affiliated Companies maintain with the Bank, the following provisions shall apply:
(1) The Bank is hereby authorized to debit the Accounts with the amount (including remittance charges, cable charges handling commissions, paying bank’s charges and intermediary bank’s charges) required for Money Transfer, without any check or any withdrawal slip with its bank book. The foregoing provisions shall apply with respect to the charges for the cancellation and correction of money transfer Money Transfer instructions made by the Customer to the Bank.
(2) Money Transfer may be executed through the head office and branches of the Bank and the Financial Institutions Concerned. The Bank is hereby authorized to decide, at its reasonable discretion, on the ways and means of executing Money Transfer (concerning the routes and the ways of money transfer Money Transfer and transmission of instructions with the Financial Institutions Concerned and other matters). In executing Money Transfer and making payments in relation thereto, the Bank and the Financial Institutions Concerned may rely on the identifying Bank Code, account number or other numerical numerical/alphabetical/kana letter information included in the Customer's instruction. The Customer Unless caused by the gross negligence or willful misconduct of the Bank, (i) the Bank shall not be responsible for damages caused to the consistency Customer by the inconsistency between an such identifying numbers information and parties named named, and (ii) the Customer shall indemnify the Bank against any damages which the Bank may incur as a result of any inconsistency thereof.
(3) The Customer agrees that the Payment Services shall be provided in accordance with the local customs and practices, laws and regulations or the handling procedures of the Bank and the Financial Institutions Concerned. In case where Money Transfer is executed in a currency other than the currency of the place where the beneficiary is situated, the Customer agrees that the currency and the exchange rate applicable to the payment to the beneficiary shall be determined by the Bank or the Financial Institutions Concerned in accordance with the local customs and practices, laws and regulations or the handling procedures of the Bank and the Financial Institutions Concerned.
(4) The terms and conditions of the Bank’s overseas remittance regulations and domestic remittance regulations and other rules which the Bank generally applies to similar transactions shall apply with respect to matters not provided for in the Basic Agreement and these Terms and Conditions.
(5) The Customer and Affiliated Companies (a) agree that the Bank may provide, for the purpose of Money Transfer, the information necessary to identify the applicant of Money Transfer, including their names and addresses and the account number of the Accounts by listing the information on Money Transfer or through other methods and (b) undertake to provide the information necessary to identify the recipientrecipient of Money Transfer, including the name, address and account number of the recipientrecipient of Money Transfer, if required by the competent authorities or other public bodies or pursuant to the treaties, laws, regulations, customs, practices or international regulations and agreements.
2.3 In case where the Customer utilizes the Payment Services with respect to the Accounts which the Customer or the Affiliated Companies maintain with Financial Institutions Concerned other than the Bank, the following provisions shall apply:
(1) Money Transfer from the Accounts maintained with Financial Institutions Concerned other than the Bank shall be executed by transmitting money transfer Money Transfer instructions by the Bank to the Financial Institutions Concerned. The Bank is hereby authorized to decide, at its discretion, on the ways and means of transmitting money transfer Money Transfer instructions. In executing Money Transfer and making payments in relation thereto, the Bank and the Financial Institutions Concerned may rely on the identifying Bank Code, account number or other numerical numerical/alphabetical/kana letter information included in the Customer's instruction. The Customer Unless caused by the gross negligence or willful misconduct of the Bank, the Bank shall not be responsible for damages caused to the consistency Customer by the inconsistency between an such identifying numbers information and parties named named, and the Customer shall indemnify the Bank against any damages which the Bank may incur as a result of any inconsistency thereof.
(2) The obligations of the Bank in this Clause 2.3 shall be limited to transmitting money transfer Money Transfer instructions to the Financial Institutions Concerned with which the Accounts are maintained. The Bank shall in no case be liable in relation to the execution of Money Transfer by the Financial Institutions Concerned.
(3) The Customer agrees that related Payment Services of Money Transfer shall be executed in accordance with the local customs and practices, laws and regulations or the handling procedures of the Bank and the Financial Institutions Concerned. In case where Money Transfer is executed in a currency other than the currency of the place where the beneficiary is situated, the Customer agrees that the currency and the exchange rate applicable to the payment to the beneficiary shall be determined by the Bank or the Financial Institutions Concerned in accordance with the local customs and practices, laws and regulations or the handling procedures of the Bank and the Financial Institutions Concerned.
(4) The terms and conditions of the Bank’s overseas remittance regulations and other rules which the Bank generally applies to similar transactions shall apply with respect to matters not provided for in the Basic Agreement and these Terms and Conditions.
2.4 The Bank shall exert its best efforts to execute Money Transfer or to transmit money transfer Money Transfer instructions without delay, if the instruction for the Payment Services is received by the Bank before the cutoff time set forth by the Bank.
2.5 The Customer acknowledges that Money Transfer may not be executed, whether or not a notice is given by the Bank, in any of the following cases:
(1) where the funds available in the Account are not sufficient for Money Transfer;
(2) where there exists security interest created over, or attachment made against, the funds in the Account and the disposition thereof is restricted or prohibited;
(3) where the instruction for the Payment Services does not satisfy the conditions set forth by the Bank;
(4) where there exists ambiguity, contradiction, omission or other defect in the instruction for the Payment Services;
(5) where the Bank observes that the instruction for the Payment Services may not be authorized by the Customer;
(6) where the execution of Money Transfer may be in conflict with applicable laws and regulations;
(7) where the bank (or its branch) with which the account of the recipient is maintained is not a correspondent bank of the Servicing Office with which the Account is maintained.
(8) where any event occurs which renders Money Transfer difficult or impossible.
2.6 The Customer shall have no right to cancel or correct instructions for the Payment Services, if such instruction has been accepted by the Bank. If the Customer requests for cancellation or correction of the instruction given by the Customer or for refund of any executed Money Transfer, an application shall be made as set forth by the Bank. The Customer acknowledges that cancellation and refund of Money Transfer may not be effected due to the involvement of Financial Institutions Concerned or otherwise and that fees and other costs may be charged or deducted from the funds to be transferred by Financial Institutions Concerned. The Bank is hereby authorized to decide, at its discretion, on the ways and means of cancellation and refund of Money Transfer (concerning the routes, currency, foreign exchange rate and other matters).
2.7 The Customer shall bear the costs and expenses which may be incurred in relation to cancellation and refund of Money Transfer (including those incurred where cancellation and refund are not executed). The Customer shall indemnify the Bank from any damages to the Bank which may be incurred in relation to cancellation and refund of Money Transfer (including those incurred where cancellation and refund are not executed). The Bank shall not be responsible for indemnifying the Customer for such damages. The Bank is hereby authorized to debit from the Accounts the amount to compensate for such costs, expenses and damages without any check or any withdrawal slip with its bank book.
2.8 The Bank shall, in principle, continue to provide the Payment Services to the Customer to whom it provides such services even in the event of the Bank's corporate reorganisation; provided, however, that if corporate reorganisation of the Bank will render it unable to provide such services to such the Customer, the Bank shall immediately provide notice thereof to such the Customer.
Appears in 2 contracts
Samples: GCMS Plus Terms and Conditions, GCMS Plus Terms and Conditions
Payment Services. 2.1 2.1. If the Payment Services is registered by the Application and the relevant Consents are submitted by the Customer, the Bank shall provide to the Customer the services (the “Payment Services”) of money transfer (“Money Transfer”) between the Accounts and other accounts as registered by the Customer.
2.2 2.2. In case where the Customer utilizes the Payment Services with respect to the Accounts which the Customer or the Affiliated Companies maintain with the Bank, the following provisions shall apply:
(1) The Bank is hereby authorized to debit the Accounts with the amount (including remittance charges, cable charges handling commissions, paying bank’s charges and intermediary bank’s charges) required for Money Transfer, without any check cheque or any withdrawal slip with its bank book. The foregoing provisions shall apply with respect to the charges for the cancellation and correction of money transfer instructions made by the Customer to the Bank.
(2) Money Transfer may be executed through the head office and branches of the Bank and the Financial Institutions Concerned. The Bank is hereby authorized to decide, at its discretion, on the ways and means of executing Money Transfer (concerning the routes and the ways of money transfer and transmission of instructions with the Financial Institutions Concerned and other matters). In executing Money Transfer and making payments in relation thereto, the Bank and the Financial Institutions Concerned may rely on the identifying account number or other numerical information included in the Customer's instruction. The Customer shall be responsible for the consistency between an identifying numbers and parties named and shall indemnify the Bank against any damages which the Bank may incur as a result of any inconsistency thereof.
(3) In case where Money Transfer is executed in a currency other than the currency of the place where the beneficiary is situated, the Customer agrees that the currency and the exchange rate applicable to the payment to the beneficiary shall be determined by the Bank or the Financial Institutions Concerned in accordance with the local customs and practices, laws and regulations or the handling procedures of the Bank and the Financial Institutions Concerned.
(4) The terms and conditions of the Bank’s overseas remittance regulations and domestic remittance regulations and other rules which the Bank generally applies to similar transactions shall apply with respect to matters not provided for in the Basic Agreement and these Terms and Conditions.
(5) The Customer and Affiliated Companies (a) agree that the Bank may provide, for the purpose of Money Transfer, the information necessary to identify the applicant of Money Transfer, including their names and addresses and the account number of the Accounts and (b) undertake to provide the information necessary to identify the recipient, including the name, address and account number of the recipient, if required by the competent authorities or other public bodies or pursuant to the treaties, laws, regulations, customs, practices or international regulations and agreements.
2.3 In case where the Customer utilizes the Payment Services with respect to the Accounts which the Customer or the Affiliated Companies maintain with Financial Institutions Concerned other than the Bank, the following provisions shall apply:
(1) Money Transfer from the Accounts maintained with Financial Institutions Concerned other than the Bank shall be executed by transmitting money transfer instructions by the Bank to the Financial Institutions Concerned. The Bank is hereby authorized to decide, at its discretion, on the ways and means of transmitting money transfer instructions. In executing Money Transfer and making payments in relation thereto, the Bank and the Financial Institutions Concerned may rely on the identifying account number or other numerical information included in the Customer's instruction. The Customer shall be responsible for the consistency between an identifying numbers and parties named and shall indemnify the Bank against any damages which the Bank may incur as a result of any inconsistency thereof.
(2) The obligations of the Bank in this Clause 2.3 shall be limited to transmitting money transfer instructions to the Financial Institutions Concerned with which the Accounts are maintained. The Bank shall in no case be liable in relation to the execution of Money Transfer by the Financial Institutions Concerned.
(3) In case where Money Transfer is executed in a currency other than the currency of the place where the beneficiary is situated, the Customer agrees that the currency and the exchange rate applicable to the payment to the beneficiary shall be determined by the Bank or the Financial Institutions Concerned in accordance with the local customs and practices, laws and regulations or the handling procedures of the Bank and the Financial Institutions Concerned.
(4) The terms and conditions of the Bank’s overseas remittance regulations and other rules which the Bank generally applies to similar transactions shall apply with respect to matters not provided for in the Basic Agreement and these Terms and Conditions.
2.4 The Bank shall exert its best efforts to execute Money Transfer or to transmit money transfer instructions without delay, if the instruction for the Payment Services is received by the Bank before the cutoff time set forth by the Bank.
2.5 The Customer acknowledges that Money Transfer may not be executed, whether or not a notice is given by the Bank, in any of the following cases:
(1) where the funds available in the Account are not sufficient for Money Transfer;
(2) where there exists security interest created over, or attachment made against, the funds in the Account and the disposition thereof is restricted or prohibited;
(3) where the instruction for the Payment Services does not satisfy the conditions set forth by the Bank;
(4) where there exists ambiguity, contradiction, omission or other defect in the instruction for the Payment Services;
(5) where the Bank observes that the instruction for the Payment Services may not be authorized by the Customer;
(6) where the execution of Money Transfer may be in conflict with applicable laws and regulations;
(7) where the bank (or its branch) with which the account of the recipient is maintained is not a correspondent bank of the Servicing Office with which the Account is maintained.
(8) where any event occurs which renders Money Transfer difficult or impossible.
2.6 The Customer shall have no right to cancel or correct instructions for the Payment Services, if such instruction has been accepted by the Bank. If the Customer requests for cancellation or correction of the instruction given by the Customer or for refund of any executed Money Transfer, an application shall be made as set forth by the Bank. The Customer acknowledges that cancellation and refund of Money Transfer may not be effected due to the involvement of Financial Institutions Concerned or otherwise and that fees and other costs may be charged or deducted from the funds to be transferred by Financial Institutions Concerned. The Bank is hereby authorized to decide, at its discretion, on the ways and means of cancellation and refund of Money Transfer (concerning the routes, currency, foreign exchange rate and other matters).
2.7 The Customer shall bear the costs and expenses which may be incurred in relation to cancellation and refund of Money Transfer (including those incurred where cancellation and refund are not executed). The Customer shall indemnify the Bank from any damages which may be incurred in relation to cancellation and refund of Money Transfer (including those incurred where cancellation and refund are not executed). The Bank is hereby authorized to debit from the Accounts the amount to compensate for such costs, expenses and damages without any check or any withdrawal slip with its bank book.
Appears in 1 contract
Samples: GCMS Plus Terms and Conditions for Islamic Accounts
Payment Services. 2.1 If the Payment Services is registered by the Application and the relevant Consents are submitted by the Customer, the Bank shall provide to the Customer the services (the “Payment Services”) of money transfer/other methods of fund transfer (“Money Transfer”) between the Accounts and other accounts as registered by the Customer.
2.2 In case where the Customer utilizes the Payment Services with respect to the Accounts which the Customer or the Affiliated Companies maintain with the Bank, the following provisions shall apply:
(1) The Bank is hereby authorized to debit the Accounts with the amount (including remittance charges, cable charges handling commissions, paying bank’s charges and intermediary bank’s charges) required for Money Transfer, without any check or any withdrawal slip with its bank book. The foregoing provisions shall apply with respect to the charges for the cancellation and correction of money transfer Money Transfer instructions made by the Customer to the Bank.
(2) Money Transfer may be executed through the head office and branches of the Bank and the Financial Institutions Concerned. The Bank is hereby authorized to decide, at its reasonable discretion, on the ways and means of executing Money Transfer (concerning the routes and the ways of money transfer Money Transfer and transmission of instructions with the Financial Institutions Concerned and other matters). In executing Money Transfer and making payments in relation thereto, the Bank and the Financial Institutions Concerned may rely on the identifying Bank Code, account number or other numerical numerical/alphabetical/kana letter information included in the Customer's instruction. The Customer Unless caused by the gross negligence or willful misconduct of the Bank, (i) the Bank shall not be responsible for damages caused to the consistency Customer by the inconsistency between an such identifying numbers information and parties named named, and (ii) the Customer shall indemnify the Bank against any damages which the Bank may incur as a result of any inconsistency thereof.
(3) The Customer agrees that the Payment Services shall be provided in accordance with the local customs and practices, laws and regulations or the handling procedures of the Bank and the Financial Institutions Concerned. In case where Money Transfer is executed in a currency other than the currency of the place where the beneficiary is situated, the Customer agrees that the currency and the exchange rate applicable to the payment to the beneficiary shall be determined by the Bank or the Financial Institutions Concerned in accordance with the local customs and practices, laws and regulations or the handling procedures of the Bank and the Financial Institutions Concerned.
(4) The terms and conditions of the Bank’s overseas remittance regulations and domestic remittance regulations and other rules which the Bank generally applies to similar transactions shall apply with respect to matters not provided for in the Basic Agreement and these Terms and Conditions.
(5) The Customer and Affiliated Companies (a) agree that the Bank may provide, for the purpose of Money Transfer, the information necessary to identify the applicant of Money Transfer, including their names and addresses and the account number of the Accounts by listing the information on Money Transfer or through other methods and (b) undertake to provide the information necessary to identify the recipientrecipient of Money Transfer, including the name, address and account number of the recipientrecipient of Money Transfer, if required by the competent authorities or other public bodies or pursuant to the treaties, laws, regulations, customs, practices or international regulations and agreements.
2.3 In case where the Customer utilizes the Payment Services with respect to the Accounts which the Customer or the Affiliated Companies maintain with Financial Institutions Concerned other than the Bank, the following provisions shall apply:
(1) Money Transfer from the Accounts maintained with Financial Institutions Concerned other than the Bank shall be executed by transmitting money transfer Money Transfer instructions by the Bank to the Financial Institutions Concerned. The Bank is hereby authorized to decide, at its discretion, on the ways and means of transmitting money transfer Money Transfer instructions. In executing Money Transfer and making payments in relation thereto, the Bank and the Financial Institutions Concerned may rely on the identifying Bank Code, account number or other numerical numerical/alphabetical/kana letter information included in the Customer's instruction. The Customer Unless caused by the gross negligence or willful misconduct of the Bank, the Bank shall not be responsible for damages caused to the consistency Customer by the inconsistency between an such identifying numbers information and parties named named, and the Customer shall indemnify the Bank against any damages which the Bank may incur as a result of any inconsistency thereof.
(2) The obligations of the Bank in this Clause 2.3 shall be limited to transmitting money transfer Money Transfer instructions to the Financial Institutions Concerned with which the Accounts are maintained. The Bank shall in no case be liable in relation to the execution of Money Transfer by the Financial Institutions Concerned.
(3) The Customer agrees that related Payment Services of Money Transfer shall be executed in accordance with the local customs and practices, laws and regulations or the handling procedures of the Bank and the Financial Institutions Concerned. In case where Money Transfer is executed in a currency other than the currency of the place where the beneficiary is situated, the Customer agrees that the currency and the exchange rate applicable to the payment to the beneficiary shall be determined by the Bank or the Financial Institutions Concerned in accordance with the local customs and practices, laws and regulations or the handling procedures of the Bank and the Financial Institutions Concerned.
(4) The terms and conditions of the Bank’s overseas remittance regulations and other rules which the Bank generally applies to similar transactions shall apply with respect to matters not provided for in the Basic Agreement and these Terms and Conditions.
2.4 The Bank shall exert its best efforts to execute Money Transfer or to transmit money transfer Money Transfer instructions without delay, if the instruction for the Payment Services is received by the Bank before the cutoff time set forth by the Bank.
2.5 The Customer acknowledges that Money Transfer may not be executed, whether or not a notice is given by the Bank, in any of the following cases:
(1) where the funds available in the Account are not sufficient for Money Transfer;
(2) where there exists security interest created over, or attachment made against, the funds in the Account and the disposition thereof is restricted or prohibited;
(3) where the instruction for the Payment Services does not satisfy the conditions set forth by the Bank;
(4) where there exists ambiguity, contradiction, omission or other defect in the instruction for the Payment Services;
(5) where the Bank observes that the instruction for the Payment Services may not be authorized by the Customer;
(6) where the execution of Money Transfer may be in conflict with applicable laws and regulations;
(7) where the bank (or its branch) with which the account of the recipient is maintained is not a correspondent bank of the Servicing Office with which the Account is maintained.
(8) where any event occurs which renders Money Transfer difficult or impossible.
2.6 The Customer shall have no right to cancel or correct instructions for the Payment Services, if such instruction has been accepted by the Bank. If the Customer requests for cancellation or correction of the instruction given by the Customer or for refund of any executed Money Transfer, an application shall be made as set forth by the Bank. The Customer acknowledges that cancellation and refund of Money Transfer may not be effected due to the involvement of Financial Institutions Concerned or otherwise and that fees and other costs may be charged or deducted from the funds to be transferred by Financial Institutions Concerned. The Bank is hereby authorized to decide, at its discretion, on the ways and means of cancellation and refund of Money Transfer (concerning the routes, currency, foreign exchange rate and other matters).
2.7 The Customer shall bear the costs and expenses which may be incurred in relation to cancellation and refund of Money Transfer (including those incurred where cancellation and refund are not executed). The Customer shall indemnify the Bank from any damages to the Bank which may be incurred in relation to cancellation and refund of Money Transfer (including those incurred where cancellation and refund are not executed). The Bank shall not be responsible for indemnifying the Customer for such damages. The Bank is hereby authorized to debit from the Accounts the amount to compensate for such costs, expenses and damages without any check or any withdrawal slip with its bank book.
2.8 The Bank shall, in principle, continue to provide the Payment Services to the Customer to whom it provides such services even in the event of the Bank's corporate reorganisation; provided, however, that if corporate reorganisation of the Bank will render it unable to provide such services to such the Customer, the Bank shall immediately provide notice thereof to such the Customer.
2.9 In the event that the Customer prepares data related to Money Transfer instructions and uploads said data onto GCMS Plus, the following provisions shall apply:
(1) The Customer shall prepare data related to Money Transfer instructions and upload said data onto GCMS Plus at its own responsibility.
(2) The Customer agrees that, in the event that the Customer approves Money Transfer instructions on a GCMS Plus screen, the Customer shall also be deemed to have approved the information contained in the data related to Money Transfer instructions not displayed on the screen which the Customer itself has prepared.
(3) The Customer acknowledges that if the information contained in the data related to Money Transfer instructions prepared by the Customer does not satisfy the conditions set forth by the Bank, then Money Transfer may be executed at the Bank’s discretion as if the information were not included in the data relating to Money Transfer instructions.
(4) The Bank may rely on the information contained in data related to Money Transfer instructions prepared by the Customer. In the event that the Payment Services are performed pursuant to the above information, the Bank shall treat the Payment Services as valid, and even if the Customer incurs damages as the result of this reliance by the Bank, the Bank shall not be held liable towards the Customer at all unless the damages arise out of the gross negligence or willful misconduct of the Bank.
Appears in 1 contract
Samples: GCMS Plus Terms and Conditions