Proof of Transactions. The Customer and the Caisse Régionale agree to set, as part of these general terms and conditions, the rules relating to the evidence admissible between them in the event of a dispute relating to the Service. The provisions which follow thus constitute the agreement on proof entered into by them, and they hereby undertake to comply with this article. They may be supplemented, where applicable, by the provisions of the specific document applicable to each type of contract provided to the Customer in the context of the contractual process as referred to in article 4-2. The Customer and the Caisse Régionale undertake to accept that in the event of a dispute: - the login details used in connection with the Service proposed by the Caisse Régionale, such as those mentioned in article 4-3 are admissible in a competent tribunal or court as proof of the information and the facts that they contain and of the signatures and the authentication procedures that they represent. The Customer hereby acknowledges that, once his login details or any other specific security feature which the Caisse Régionale has provided to him have been activated, and in the absence of any revocation application on his part, any actions carried out on his account will be attributed to him. Any revocation application must be made in accordance with the terms that had previously been provided when he was informed of his login details or the specific security feature. - likewise and generally speaking, entries are posted to accounts based on a handwritten order of the Customer or on an order from the Customer in paperless format (by magnetic, electronic, computerised, or similar means) or their reproduction in a digital format. These elements, as well as any digital evidence produced by the parties to execute the transactions, where applicable, therefore constitute proof that the transactions were carried out and justification of their being posted to the account. - electronically-certified time-stamped dates, when the Caisse Régionale deems it necessary to generate them, are admissible in a competent tribunal or court as proof of the information and facts that they contain. - any contracts signed using an electronic Signature and kept in the archives of the Service, associated emails and acknowledgments of receipts, as well as any elements contributing to the online transaction and incorporated into the evidence File, are admissible in court as proof of the information and the facts that they contain. The evidence File means all the information created when carrying out a transaction by electronic Signature using an electronic certificate between the Customer and the Caisse Régionale, which is then kept for a period which complies with the statutory requirements, thus allowing the traceability of the transaction carried out. - any transactions made, or contracts concluded, using a Signature and archived as part of the Service, associated emails and acknowledgments of receipt, as well as any elements that contributed to the transaction thus carried out, are admissible in court as proof of the information and the facts that they contain. As part of the relationship between the Customer and the Caisse Régionale, proof of connections and of other identification information will be established whenever necessary by using the log of transactions and connections kept by the Caisse Régionale and made available to the Customer on request. In the event of a contradiction between any of the information held by the Caisse Régionale and the written confirmation of the Customer, the information held by the Caisse Régionale shall prevail. Proof to the contrary may be provided by the Customer by all means available. However, where it is a question of a payment transaction carried out without an order having been signed, for which the Customer denies having given his consent, or claims that it was not executed correctly, it is up to the Caisse Régionale to prove that the transaction in question was authenticated, duly recorded and posted to the account and that it was not affected by a technical or other kind of problem. For this reason, any paperless recordings linked to the use a payment instrument, or their reproduction in digital format, that may be produced by the Caisse Régionale are not necessarily in themselves sufficient to prove that the transaction had been authorised or that the Customer had not, either intentionally or in a grossly negligent manner, failed to fulfil his obligations. In any case, it is the responsibility of the Customer to keep all proof of his transactions, originals or copies in whatever the format that may be (account statements, credit card slips, deposit slips, transaction summaries, transaction acknowledgements etc.). For transactions carried out by telephone, the Customer expressly authorises the Caisse Régionale to record his telephone conversations with any personnel of the Caisse Régionale participating in these conversations for reasons of proof, and also for the training of call centre staff, subject to the provisions of article 11. The recording of conversations shall take place after informing the Customer, using an approved system. For transactions carried out by the Customer as part of the Crédit Agricole Online Service, the Caisse Régionale will ensure the traceability of the different phases and functionalities laid down in Article 4-4-1 hereof (such as connections, clicks, any subscriptions to the products or services offered etc.). Traceability information relating to the subscription of products or services is recorded in a log of transactions and connections, and concerns the identifications, conversations and orders carried out. Each transaction (identification, order) is thus time-stamped and recorded. As part of the traceability measures taken by the Service, the Caisse Régionale complies with the statutory requirements applicable to gathering connection data, and specifically the provisions of the Computer Processing and Freedom of Information Act of 6 January 1978, as amended.
Appears in 3 contracts
Samples: Current Account Agreement, Current Account Agreement, Current Account Agreement
Proof of Transactions. The Customer and the Caisse Régionale agree to set, as part of these general terms and conditions, the rules relating to the evidence admissible between them in the event of a dispute relating to the Service. The provisions which follow thus constitute the agreement on proof entered into by them, and they hereby undertake to comply with this article. They may be supplemented, where applicable, by the provisions of the specific document applicable to each type of contract provided to the Customer in the context of the contractual process as referred to in article 4-2. The Customer and the Caisse Régionale undertake to accept that in the event of a dispute: - the -the login details used in connection with the Service proposed by the Caisse Régionale, such as those mentioned in article 4-3 are admissible in a competent tribunal or court as proof of the information and the facts that they contain and of the signatures and the authentication procedures that they represent. The Customer hereby acknowledges that, once his login details or any other specific security feature which the Caisse Régionale has provided to him have been activated, and in the absence of any revocation application on his part, any actions carried out on his account will be attributed to him. Any revocation application must be made in accordance with the terms that had previously been provided when he was informed of his login details or the specific security feature. - likewise -likewise and generally speaking, entries are posted to accounts based on a handwritten order of the Customer or on an order from the Customer in paperless format (by magnetic, electronic, computerised, or similar means) or their reproduction in a digital format. These elements, as well as any digital evidence produced by the parties to execute the transactions, where applicable, therefore constitute proof that the transactions were carried out and justification of their being posted beingposted to the account. - electronically-certified time-stamped dates, when the Caisse Régionale deems it necessary to generate them, are admissible in a competent tribunal or court as proof of the information and facts that they contain. - any contracts signed using an electronic Signature and kept in the archives of the Service, associated emails and acknowledgments of receipts, as well as any elements contributing to the online transaction and incorporated into the evidence File, are admissible in court as proof of the information and the facts that they contain. The evidence File means all the information created when carrying out a transaction by electronic Signature using an electronic certificate between the Customer and the Caisse Régionale, which is then kept for a period which complies with the statutory requirements, thus allowing the traceability of the transaction carried out. - any transactions made, or contracts concluded, using a Signature and archived as part of the Service, associated emails and acknowledgments of receipt, as well as any elements that contributed to the transaction thus carried out, are admissible in court as proof of the information and the facts that they contain. As part of the relationship between the Customer and the Caisse Régionale, proof of connections and of other identification information will be established whenever necessary by using the log of transactions and connections kept by the Caisse Régionale and made available to availableto the Customer on request. In the event of a contradiction between any of the information held by the Caisse Régionale and the written confirmation of the Customer, the information held by the Caisse Régionale shall prevail. Proof to the contrary may be provided by the Customer by all means available. However, where it is a question of a payment transaction carried out without an order having been signed, for which the Customer denies having given his consent, or claims that it was not executed correctly, it is up to the Caisse Régionale to prove that the transaction in question was authenticated, duly recorded and posted to the account and that it was not affected by a technical atechnical or other kind of problem. For this reason, any paperless recordings linked to the use a payment instrument, or their reproduction in digital format, that may be produced by the Caisse Régionale are not necessarily in themselves sufficient to prove that the transaction had been authorised or that the Customer had not, either intentionally or in a grossly negligent manner, failed to fulfil his obligations. In any case, it is the responsibility of the Customer to keep all proof of his transactions, originals or copies in whatever the format that may be (account statements, credit card slips, deposit slips, transaction summaries, transaction acknowledgements etc.). For transactions carried out by telephone, the Customer expressly authorises the Caisse Régionale to record his telephone conversations with any personnel of the Caisse Régionale participating in these conversations for reasons of proof, and also for the training of call centre staff, subject to the provisions of article 11. The recording of conversations shall take place after informing the Customer, using an approved system. For transactions carried out by the Customer as part of the Crédit Agricole Online Service, the Caisse Régionale will ensure the traceability of the different phases and functionalities laid down in Article 4-4-1 hereof (such as connections, clicks, any subscriptions to the products or services offered etc.). Traceability information relating to the subscription of products or services is recorded in a log of transactions and connections, and concerns the identifications, conversations and orders carried out. Each transaction (identification, order) is thus time-stamped and recorded. As part of the traceability measures taken by the Service, the Caisse Régionale complies with the statutory requirements applicable to gathering connection data, and specifically the provisions of the Computer Processing and Freedom of Information Act of 6 January 1978, as amended.
Appears in 1 contract
Samples: Current Account Agreement
Proof of Transactions. The Customer and the Caisse Régionale agree to set, as part of these general terms and conditions, the rules relating to the evidence admissible between them in the event of a dispute relating to the Service. The provisions which follow thus constitute the agreement on proof entered into by them, and they hereby undertake to comply with this article. They may be supplemented, where applicable, by the provisions of the specific document applicable to each type of contract provided to the Customer in the context of the contractual process as referred to in article 4-2. The Customer and the Caisse Régionale undertake to accept that in the event of a dispute: - the login details used in connection with the Service proposed by the Caisse Régionale, such as those mentioned in article 4-3 are admissible in a competent tribunal or court as proof of the information and the facts that they contain and of the signatures and the authentication procedures that they represent. The Customer hereby acknowledges that, once his login details or any other specific security feature which the Caisse Régionale has provided to him have been activated, and in the absence of any revocation application on his part, any actions carried out on his account will be attributed to him. Any revocation application must be made in accordance with the terms that had previously been provided when he was informed of his login details or the specific security feature. - likewise and generally speaking, entries are posted to accounts based on a handwritten order of the Customer or on an order from the Customer in paperless format (by magnetic, electronic, computerised, or similar means) or their reproduction in a digital format. These elements, as well as any digital evidence produced by the parties to execute the transactions, where applicable, therefore constitute proof that the transactions were carried out and justification of their being posted to the account. - electronically-certified time-stamped dates, when the Caisse Régionale deems it necessary to generate them, are admissible in a competent tribunal or court as proof of the information and facts that they contain. - any contracts signed using an electronic Signature and kept in the archives of the Service, associated emails and acknowledgments of receipts, as well as any elements contributing to the online transaction and incorporated into the evidence File, are admissible in court as proof of the information and the facts that they contain. The evidence File means all the information created when carrying out a transaction by electronic Signature using an electronic certificate between the Customer and the Caisse Régionale, which is then kept for a period which complies with the statutory requirements, thus allowing the traceability of the transaction carried out. - any transactions made, or contracts concluded, using a Signature and archived as part of the Service, associated emails and acknowledgments of receipt, as well as any elements that contributed to the transaction thus carried out, are admissible in court as proof of the information and the facts that they contain. As part of the relationship between the Customer and the Caisse Régionale, proof of connections and of other identification information will be established whenever necessary by using the log of transactions and connections kept by the Caisse Régionale and made available to the Customer on request. In the event of a contradiction between any of the information held by the Caisse Régionale and the written confirmation of the Customer, the information held by the Caisse Régionale shall prevail. Proof to the contrary may be provided by the Customer by all means available. However, where it is a question of a payment transaction carried out without an order having been signed, for which the Customer denies having given his consent, or claims that it was not executed correctly, it is up to the Caisse Régionale to prove that the transaction in question was authenticated, duly recorded and posted to the account and that it was not affected by a technical or other kind of problem. For this reason, any paperless recordings linked to the use a payment instrument, or their reproduction in digital format, that may be produced by the Caisse Régionale are not necessarily in themselves sufficient to prove that the transaction had been authorised or that the Customer had not, either intentionally or in a grossly negligent manner, failed to fulfil his obligations. In any case, it is the responsibility of the Customer to keep all proof of his transactions, originals or copies in whatever the format that may be (account statements, credit card slips, deposit slips, transaction summaries, transaction acknowledgements etc.). For transactions carried out by telephone, the Customer expressly authorises the Caisse Régionale to record his telephone conversations with any personnel of the Caisse Régionale participating in these conversations for reasons of proof, and also for the training of call centre staff, subject to the provisions of article 11. The recording of conversations shall take place after informing the Customer, using an approved system. For transactions carried out by the Customer as part of the Crédit Agricole Online Service, the Caisse Régionale will ensure the traceability of the different phases and functionalities laid down in Article 4-4-1 hereof (such as connections, clicks, any subscriptions to the products or services offered etc.). Traceability information relating to the subscription of products or services is recorded in a log of transactions and connections, and concerns the identifications, conversations and orders carried out. Each transaction (identification, order) is thus time-stamped and recorded. As part of the traceability measures taken by the Service, the Caisse Régionale complies with the statutory requirements applicable to gathering connection data, and specifically the provisions of the Computer Processing and Freedom of Information Act of 6 January 1978, as amended.
Appears in 1 contract
Samples: Current Account Agreement
