Common use of Provisions Applicable to Consumer Account Holders Clause in Contracts

Provisions Applicable to Consumer Account Holders. A Consumer Account Xxxxxx who wishes to dispute a Transfer Transaction that has not been authorised by it or has been incorrectly implemented must contact the Platform’s Customer Service Department by telephone as soon as possible after becoming aware of the anomaly and no later than thirteen (13) months after the date of debit, and must forward the dispute to the Service Provider as soon as possible. Unless the Service Provider has good reason to suspect fraud on the part of the Account Holder, the Service Provider shall reimburse the Account Holder for the amount of the Transaction immediately upon receipt of the dispute request, and in any event no later than the end of the next Business Day. The Service Provider shall restore the Account to the state in which it would have been if the unauthorised Payment Transaction had not taken place. In the event of a dispute, the burden of proof that the Transaction has been authenticated, duly recorded and accounted for, and that it has not been affected by a technical or other deficiency is the responsibility of the Service Provider. In the event of an unauthorised payment transaction resulting from the loss or theft of the Identification Data, the Account Holder shall bear, prior to the notification of the objection, the losses related to the use of the Identification Data, up to a maximum of fifty (50) euros. Transactions carried out after the opposition are borne by the Service Provider except in the event of fraud by the Account Holder. However, the Account Holder shall not be held liable in the event of: - an unauthorised payment transaction carried out without the use of the Identification Data; - loss or theft of Identification Datathat cannot be detected by the Account Holder before payment; - loss due to acts or omissions of an employee, agent or branch of a PSP or of an entity to which its activities have been outsourced. The Account Holder shall not be held responsible: - if the unauthorised Payment Transaction was carried out by misappropriating the Identification Datawithout the Account Holder’s knowledge; - in the event of counterfeiting of Identification Data, if, at the time of the unauthorised Payment Transaction, the Account Holder is in possession of such Data. The Account Holder shall bear all losses caused by the unauthorised Transactions if such losses result from any fraudulent action on its part or if it has intentionally, through gross negligence, failed to comply with its obligations to maintain the security of its Identification Dataand to notify its opposition in the event of loss, theft or misappropriation of such Data.

Appears in 3 contracts

Samples: Payment Services Framework Agreement, Payment Services Framework Agreement, Payment Services Framework Agreement

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Provisions Applicable to Consumer Account Holders. A Consumer Account Xxxxxx who wishes to dispute a Transfer Transaction that has not been authorised by it or has been incorrectly implemented must contact the Platform’s Customer Service Department by telephone as soon as possible after becoming aware of the anomaly and no later than thirteen (13) months after the date of debit, and must forward the dispute to the Service Provider as soon as possible. Unless the Service Provider has good reason to suspect fraud on the part of the Account Holder, the Service Provider shall reimburse the Account Holder for the amount of the Transaction immediately upon receipt of the dispute request, and in any event no later than the end of the next Business Day. The Service Provider shall restore the Account to the state in which it would have been if the unauthorised Payment Transaction had not taken place. In the event of a dispute, the burden of proof that the Transaction has been authenticated, duly recorded and accounted for, and that it has not been affected by a technical or other deficiency is the responsibility of the Service Provider. In the event of an unauthorised payment transaction resulting from the loss or theft of the Identification Personalised Security Data, the Account Holder shall bear, prior to the notification of the objection, the losses related to the use of the Identification Personalised Security Data, up to a maximum of fifty (50) euros. Transactions carried out after the opposition are borne by the Service Provider except in the event of fraud by the Account Holder. However, the Account Holder shall not be held liable in the event of: - an unauthorised payment transaction carried out without the use of the Identification Personalised Security Data; - loss or theft of Identification Datathat Personalised Security Data that cannot be detected by the Account Holder before payment; - loss due to acts or omissions of an employee, agent or branch of a PSP or of an entity to which its activities have been outsourced. The Account Holder shall not be held responsible: - if the unauthorised Payment Transaction was carried out by misappropriating the Identification Datawithout Personalised Security Data without the Account Holder’s knowledge; - in the event of counterfeiting of Identification Personalised Security Data, if, at the time of the unauthorised Payment Transaction, the Account Holder is in possession of such Data. The Account Holder shall bear all losses caused by the unauthorised Transactions if such losses result from any fraudulent action on its part or if it has intentionally, through gross negligence, failed to comply with its obligations to maintain the security of its Identification Dataand Personalised Security Data and to notify its opposition in the event of loss, theft or misappropriation of such Data. Except in the event of fraudulent action on its part, the Account Holder shall bear no financial consequences if the unauthorised Transaction has been carried out without the Service Provider requiring Strong Authentication from the Account Holder, in cases where the regulations stipulate that Strong Authentication is mandatory.

Appears in 1 contract

Samples: Payment Services Framework Agreement

Provisions Applicable to Consumer Account Holders. A Consumer Account Xxxxxx Holder who wishes to dispute a Transfer Transaction that has not been authorised by it or has been incorrectly implemented must contact the Platform’s Customer Service Department by telephone as soon as possible after becoming aware of the anomaly and no later than thirteen (13) months after the date of debit, and must forward the dispute to the Service Provider as soon as possible. Unless the Service Provider has good reason to suspect fraud on the part of the Account Holder, the Service Provider shall reimburse the Account Holder for the amount of the Transaction immediately upon receipt of the dispute request, and in any event no later than the end of the next Business Day. The Service Provider shall restore the Account to the state in which it would have been if the unauthorised Payment Transaction had not taken place. In the event of a dispute, the burden of proof that the Transaction has been authenticated, duly recorded and accounted for, and that it has not been affected by a technical or other deficiency is the responsibility of the Service Provider. In the event of an unauthorised payment transaction resulting from the loss or theft of the Identification Personalised Security Data, the Account Holder shall bear, prior to the notification of the objection, the losses related to the use of the Identification Personalised Security Data, up to a maximum of fifty (50) euros. Transactions carried out after the opposition are borne by the Service Provider except in the event of fraud by the Account Holder. However, the Account Holder shall not be held liable in the event of: - an unauthorised payment transaction carried out without the use of the Identification Personalised Security Data; - loss or theft of Identification Datathat Personalised Security Data that cannot be detected by the Account Holder before payment; - loss due to acts or omissions of an employee, agent or branch of a PSP or of an entity to which its activities have been outsourced. The Account Holder shall not be held responsible: - if the unauthorised Payment Transaction was carried out by misappropriating the Identification Datawithout Personalised Security Data without the Account Holder’s knowledge; - in the event of counterfeiting of Identification Personalised Security Data, if, at the time of the unauthorised Payment Transaction, the Account Holder is in possession of such Data. The Account Holder shall bear all losses caused by the unauthorised Transactions if such losses result from any fraudulent action on its part or if it has intentionally, through gross negligence, failed to comply with its obligations to maintain the security of its Identification Dataand Personalised Security Data and to notify its opposition in the event of loss, theft or misappropriation of such Data. Except in the event of fraudulent action on its part, the Account Holder shall bear no financial consequences if the unauthorised Transaction has been carried out without the Service Provider requiring Strong Authentication from the Account Holder, in cases where the regulations stipulate that Strong Authentication is mandatory.

Appears in 1 contract

Samples: Payment Services Framework Agreement

Provisions Applicable to Consumer Account Holders. A Consumer Account Xxxxxx Holder who wishes to dispute a Transfer Transaction that has not been authorised by it or has been incorrectly implemented must contact the Platform’s Customer Service Department by telephone as soon as possible after becoming aware of the anomaly and no later than thirteen (13) months after the date of debit, and must forward the dispute to the Service Provider as soon as possiblepos- sible. Unless the Service Provider has good reason to suspect fraud on the part of the Account Holder, the Service Provider shall reimburse the Account Holder for the amount of the Transaction immediately upon receipt of the dispute request, and in any event no later than the end of the next Business Day. The Service Provider shall restore the Account to the state in which it would have been if the unauthorised unauthori- sed Payment Transaction had not taken place. In the event of a dispute, the burden of proof that the Transaction has been authenticated, duly recorded recor- ded and accounted for, and that it has not been affected by a technical or other deficiency is the responsibility res- ponsibility of the Service Provider. In the event of an unauthorised payment transaction resulting from the loss or theft of the Identification Personalised Security Data, the Account Holder shall bear, prior to the notification of the objection, the losses related to the use of the Identification Personalised Security Data, up to a maximum of fifty (50) euros. Transactions carried out after the opposition are borne by the Service Provider except in the event of fraud by the Account Holder. However, the Account Holder shall not be held liable in the event of: - an unauthorised payment transaction carried out without the use of the Identification Personalised Security Data; - loss or theft of Identification Datathat Personalised Security Data that cannot be detected by the Account Holder before payment; - loss due to acts or omissions of an employee, agent or branch of a PSP or of an entity to which its activities have been outsourced. The Account Holder shall not be held responsible: - if the unauthorised Payment Transaction was carried out by misappropriating the Identification Datawithout Personalised Security Data without the Account Holder’s knowledge; - in the event of counterfeiting of Identification Personalised Security Data, if, at the time of the unauthorised Payment Transaction, the Account Holder is in possession of such Data. The Account Holder shall bear all losses caused by the unauthorised Transactions if such losses result from any fraudulent action on its part or if it has intentionally, through gross negligence, failed to comply com- ply with its obligations to maintain the security of its Identification Dataand Personalised Security Data and to notify its opposition opposi- tion in the event of loss, theft or misappropriation of such Data. Except in the event of fraudulent action on its part, the Account Holder shall bear no financial conse- quences if the unauthorised Transaction has been carried out without the Service Provider requiring Strong Authentication from the Account Holder, in cases where the regulations stipulate that Strong Authentication is mandatory.

Appears in 1 contract

Samples: Payment Services Framework Agreement

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Provisions Applicable to Consumer Account Holders. A Consumer Account Xxxxxx who wishes to dispute a Transfer Transaction that has not been authorised by it or has been incorrectly implemented must contact the Platform’s Customer Service Department by telephone as soon as possible after becoming aware of the anomaly and no later than thirteen (13) months after the date of debit, and must forward the dispute to the Service Provider as soon as possiblepos- sible. Unless the Service Provider has good reason to suspect fraud on the part of the Account Holder, the Service Provider shall reimburse the Account Holder for the amount of the Transaction immediately upon receipt of the dispute request, and in any event no later than the end of the next Business Day. The Service Provider shall restore the Account to the state in which it would have been if the unauthorised unauthori- sed Payment Transaction had not taken place. In the event of a dispute, the burden of proof that the Transaction has been authenticated, duly recorded recor- ded and accounted for, and that it has not been affected by a technical or other deficiency is the responsibility res- ponsibility of the Service Provider. In the event of an unauthorised payment transaction resulting from the loss or theft of the Identification Personalised Security Data, the Account Holder shall bear, prior to the notification of the objection, the losses related to the use of the Identification Personalised Security Data, up to a maximum of fifty (50) euros. Transactions carried out after the opposition are borne by the Service Provider except in the event of fraud by the Account Holder. However, the Account Holder shall not be held liable in the event of: - an unauthorised payment transaction carried out without the use of the Identification Personalised Security Data; - loss or theft of Identification Datathat Personalised Security Data that cannot be detected by the Account Holder before payment; - loss due to acts or omissions of an employee, agent or branch of a PSP or of an entity to which its activities have been outsourced. The Account Holder shall not be held responsible: - if the unauthorised Payment Transaction was carried out by misappropriating the Identification Datawithout Personalised Security Data without the Account Holder’s knowledge; - in the event of counterfeiting of Identification Personalised Security Data, if, at the time of the unauthorised Payment Transaction, the Account Holder is in possession of such Data. The Account Holder shall bear all losses caused by the unauthorised Transactions if such losses result from any fraudulent action on its part or if it has intentionally, through gross negligence, failed to comply com- ply with its obligations to maintain the security of its Identification Dataand Personalised Security Data and to notify its opposition opposi- tion in the event of loss, theft or misappropriation of such Data. Except in the event of fraudulent action on its part, the Account Holder shall bear no financial conse- quences if the unauthorised Transaction has been carried out without the Service Provider requiring Strong Authentication from the Account Holder, in cases where the regulations stipulate that Strong Authentication is mandatory.

Appears in 1 contract

Samples: Payment Services Framework Agreement

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