Responsibility of the Parties. 11.1. The Parties shall be responsible for failed or inappropriately fulfilled contractual obligations under this Agreement and the applicable laws; 11.2. The Client shall not use the service under this Agreement for the purposes prohibited by laws; 11.3. The Bank shall not be responsible for: 11.3.1. a damage, including the one done to a third party resulting from the breach of any of its contractual obligations by the Client; 11.3.2. results (including the ones ensuing from the Client’s breached obligations regarding a person) if caused by: 11.3.2.1. a transaction effected at the Client’s instruction; 11.3.2.2. inaccurate and/or incorrect information (including the one in the payment order etc. document submitted to the Bank) supplied by the Client to the Bank; 11.3.2.3. a Client’s incorrect and/or incomplete application and/or statement; 11.3.2.4. Client’s failure to exercise its contractual rights; 11.3.2.5. Malfunctioning of the Client’s etc. person’s computer hardware or software, telephone and/or another device (or parts and accessories thereof), the internet provider, telecommunications operator and/or any other person; 11.3.2.6. Any action of the beneficiary and/or intermediary bank indicated in the data provided by the Client to the Bank and any other reason unrelated to the Bank; 11.3.2.7. Any restriction imposed on the territory of a state, where the beneficiary and/or intermediary bank of the addressee operates, which impedes and/or completely or partially blocks receipt of money; 11.3.2.8. Blocking, withholding/write-off the transfer operation or/and a transferable sum or a part thereof for the purpose of prevention of legalization of the illicit income, terrorism funding and requirements of the agreement between the Governments of the United States and Georgia on “Improved Fulfillment of the International Tax Liabilities and Foreign Account Tax Compliance (FATCA); 11.3.2.9. the correspondent bank’s (via which transfer is effected) rejection of a transaction and/or delay thereof. 11.3.2.10. a failed or inappropriately fulfilled payment order if caused by inaccurate information supplied by the Client.
Appears in 3 contracts
Samples: Banking Product Service Agreement, Banking Product Service Agreement, Banking Product Service Agreement
Responsibility of the Parties. 11.110.1. The Parties shall be responsible for failed or inappropriately fulfilled contractual obligations under this Agreement Contract and the applicable laws;
11.210.2. The Client shall not use the service under this Agreement Contract for the purposes prohibited by laws;
11.310.3. The Bank shall not be responsible for:
11.3.110.3.1. a damage, including the one done to a third party resulting from the breach of any of its contractual obligations by the Client;
11.3.210.3.2. results (including the ones ensuing from the Client’s breached obligations regarding a person) if caused by:
11.3.2.110.3.2.1. a transaction effected at the Client’s instruction;
11.3.2.210.3.2.2. inaccurate and/or incorrect information (including the one in the payment order etc. document submitted to the Bank) supplied by the Client to the Bank;
11.3.2.310.3.2.3. a Client’s incorrect and/or incomplete application and/or statement;
11.3.2.410.3.2.4. Client’s failure to exercise its contractual rights;
11.3.2.510.3.2.5. Malfunctioning of the Client’s etc. person’s computer hardware or software, telephone and/or another device (or parts and accessories thereof), the internet provider, telecommunications operator and/or any other person;
11.3.2.610.3.2.6. Any action of the beneficiary and/or intermediary bank indicated in the data provided by the Client to the Bank and any other reason unrelated to the Bank;
11.3.2.710.3.2.7. Any restriction imposed on the territory of a state, where the beneficiary and/or intermediary bank of the addressee operates, which impedes and/or completely or partially blocks receipt of money;
11.3.2.810.3.2.8. Blocking, withholding/write-off the transfer operation or/and a transferable sum or a part thereof for the purpose of prevention of legalization of the illicit income, terrorism funding and requirements of the agreement between the Governments of the United States and Georgia on “Improved Fulfillment of the International Tax Liabilities and Foreign Account Tax Compliance (FATCA);
11.3.2.910.3.2.9. the correspondent bank’s (via which transfer is effected) rejection of a transaction and/or delay thereof.
11.3.2.1010.3.2.10. a failed or inappropriately fulfilled payment order if caused by inaccurate information supplied by the Client.
Appears in 3 contracts
Samples: Banking Product Service Agreement, Banking Product Service Agreement, Banking Product Service Agreement
Responsibility of the Parties. 11.110.1. The Parties shall be responsible for failed or inappropriately fulfilled contractual obligations under this Agreement Contract and the applicable laws;
11.210.2. The Client shall not use the service under this Agreement Contract for the purposes prohibited by laws;
11.310.3. The Bank shall not be responsible for:
11.3.110.3.1. a damage, including the one done to a third party resulting from the breach of any of its contractual obligations by the Client;
11.3.210.3.2. results (including the ones ensuing from the Client’s breached obligations regarding a person) if caused by:
11.3.2.110.3.2.1. a transaction effected at the Client’s instruction;
11.3.2.210.3.2.2. inaccurate and/or incorrect information (including the one in the payment order etc. document submitted to the Bank) supplied by the Client to the Bank;
11.3.2.310.3.2.3. a Client’s incorrect and/or incomplete application and/or statement;
11.3.2.410.3.2.4. Client’s failure to exercise its contractual rights;
11.3.2.510.3.2.5. Malfunctioning of the Client’s etc. person’s computer hardware or software, telephone and/or another device (or parts and accessories thereof), the internet provider, telecommunications operator and/or any other person;
11.3.2.610.3.2.6. Any action of the beneficiary and/or intermediary bank indicated in the data provided by the Client to the Bank and any other reason unrelated to the Bank;
11.3.2.710.3.2.7. Any restriction imposed on the territory of a state, where the beneficiary and/or intermediary bank of the addressee operates, which impedes and/or completely or partially blocks receipt of money;
11.3.2.810.3.2.8. Blocking, withholding/write-off the transfer operation or/and a transferable sum or a part thereof for the purpose of prevention of legalization of the illicit income, terrorism funding and requirements of the agreement between the Governments of the United States and Georgia on “Improved Fulfillment of the International Tax Liabilities and Foreign Account Tax Compliance (FATCA);
11.3.2.910.3.2.9. the correspondent bank’s (via which transfer is effected) rejection of a transaction and/or delay thereof.
11.3.2.1010.3.2.10. a failed or inappropriately fulfilled payment order if caused by inaccurate information supplied by the Client.
10.4. The Bank shall bear responsibility for due fulfillment of the Client’s payment order save the circumstance under 10.3.2.10. or if the recipient details received by the Bank are accurate and the recipient’s provider has received the transaction fee (the Bank transferred the sum specified in the payment order to the account of the recipient’s provider).
10.5. If the Bank duly fulfilled the Client’s payment order, the recipient’s provider shall bear responsibility to the Client or/and recipient for due fulfillment of the payment.
10.6. If in breach of 10.4, the Bank has inappropriately fulfilled the payment order, it shall be obliged to return inappropriately transferred sum and the relevant commission to the Client. If the Bank rejects accusation regarding inappropriate fulfillment of the payment order, only as a result of the effective Court decision, shall it be obliged to return the inappropriately transferred sum (together with the commission). The Parties agree that the Client shall waiver its right to claim the damage, including lost profit caused by the Bank actions under this section (breach of the contractual obligations or/and legal requirements) save the case when the effective Court decision establishes cause-and- effect relationship between the Bank’s action and the damage done to the Client.
10.7. If, under 10.4, 10.6, the Client is the recipient and the Bank bears responsibility for an inappropriately effected payment, it shall be obliged to transfer the sum to the Client’s account. The Parties agree that the Client shall waiver its right to claim the damage, including lost profit caused by the Bank actions under this section (breach of the contractual obligations or/and legal requirements) save the case when the effective Court decision establishes cause-and-effect relationship between the Bank’s action and the damage done to the Client.
10.8. The Client shall have the right to request the Bank reimbursement of the sum of the unauthorized or inappropriately fulfilled transaction unless more than 40 or 180 days have elapsed from the date of the unauthorized or inappropriately fulfilled transaction (respectively) and the Client reported the unauthorized or inappropriately fulfilled transaction immediately upon receipt of the relevant information. The payment operation shall be deemed authorized in case of the Client’s approval thereof unless otherwise determined by the relevant legislation of Georgia. The form and procedure of the Client’s approval shall be specified in this Contract etc. Contract between the Bank and the Client.
10.9. If the Client reports the unauthorized or inappropriately fulfilled payment after the term under 10.8, the Bank shall be obliged to take its best effort to assist the Client in the recovery of the relevant sum. This section shall not give rise to the Client’s claim of damages, recovery of the sum etc. via the Court.
10.10. Under this section, save the case under 10.12, the Bank shall be obliged to reimburse the sum of the unauthorized payment to the Client in the amount determined in accordance with 10.11.
10.11. Save the case under 10.12, the Client shall pay the damages in the amount of not over 100 GEL in case of an unauthorized transaction effected in Georgia by means of a stolen, lost, appropriated or illicitly used payment instrument. For the purposes of this section, in Georgia, an Internet transaction shall be deemed effected if it involves a payment tool generated in Georgia and the web-site belongs to a Georgian citizen, legal entity registered in Georgia or another organization, which is not a legal entity.
10.12. The Client shall be fully responsible for the damage resulting from the unauthorized payment, if caused by its deliberately breached contractual obligations or negligence.
Appears in 2 contracts
Samples: Banking Product Service Agreement, Banking Product Service Agreement
Responsibility of the Parties. 11.1. The Parties shall be responsible for failed or inappropriately fulfilled contractual obligations under this Agreement and the applicable laws;
11.2. The Client shall not use the service under this Agreement for the purposes prohibited by laws;
11.3. The Bank shall not be responsible for:
11.3.1. a damage, including the one done to a third party resulting from the breach of any of its contractual obligations by the Client;
11.3.2. results (including the ones ensuing from the Client’s breached obligations regarding a person) if caused by:
11.3.2.1. a transaction effected at the Client’s instruction;
11.3.2.2. inaccurate and/or incorrect information (including the one in the payment order etc. document submitted to the Bank) supplied by the Client to the Bank;
11.3.2.3. a Client’s incorrect and/or incomplete application and/or statement;
11.3.2.4. Client’s failure to exercise its contractual rights;
11.3.2.5. Malfunctioning of the Client’s etc. person’s computer hardware or software, telephone and/or another device (or parts and accessories thereof), the internet provider, telecommunications operator and/or any other person;
11.3.2.6. Any action of the beneficiary and/or intermediary bank indicated in the data provided by the Client to the Bank and any other reason unrelated to the Bank;
11.3.2.7. Any restriction imposed on the territory of a state, where the beneficiary and/or intermediary bank of the addressee operates, which impedes and/or completely or partially blocks receipt of money;
11.3.2.8. Blocking, withholding/write-off the transfer operation or/and a transferable sum or a part thereof for the purpose of prevention of legalization of the illicit income, terrorism funding and requirements of the agreement between the Governments of the United States and Georgia on “Improved Fulfillment of the International Tax Liabilities and Foreign Account Tax Compliance (FATCA);
11.3.2.9. the correspondent bank’s (via which transfer is effected) rejection of a transaction and/or delay thereof.
11.3.2.10. a failed or inappropriately fulfilled payment order if caused by inaccurate information supplied by the Client.
11.4. The Bank shall bear responsibility for due fulfillment of the Client’s payment order save the circumstance under 11.3.2.10. or if the recipient details received by the Bank are accurate and the recipient’s provider has received the transaction fee (the Bank transferred the sum specified in the payment order to the account of the recipient’s provider).
11.5. If the Bank duly fulfilled the Client’s payment order, the recipient’s provider shall bear responsibility to the Client or/and recipient for due fulfillment of the payment.
11.6. If in breach of 11.4, the Bank has inappropriately fulfilled the payment order, it shall be obliged to return inappropriately transferred sum and the relevant commission to the Client. If the Bank rejects accusation regarding inappropriate fulfillment of the payment order, only as a result of the effective Court decision, shall it be obliged to return the inappropriately transferred sum (together with the commission). The Parties agree that the Client shall waiver its right to claim the damage, including lost profit caused by the Bank actions under this section (breach of the contractual obligations or/and legal requirements) save the case when the effective Court decision establishes cause-and-effect relationship between the Bank’s action and the damage done to the Client.
11.7. If, under 11.4, 11.6, the Client is the recipient and the Bank bears responsibility for an inappropriately effected payment, it shall be obliged to transfer the sum to the Client’s account. The Parties agree that the Client shall waiver its right to claim the damage, including lost profit caused by the Bank actions under this section (breach of the contractual obligations or/and legal requirements) save the case when the effective Court decision establishes cause-and-effect relationship between the Bank’s action and the damage done to the Client.
11.8. The Client shall have the right to request the Bank reimbursement of the sum of the unauthorized or inappropriately fulfilled transaction unless more than 40 or 180 days have elapsed from the date of the unauthorized or inappropriately fulfilled transaction (respectively) and the Client reported the unauthorized or inappropriately fulfilled transaction immediately upon receipt of the relevant information. The payment operation shall be deemed authorized in case of the Client’s approval thereof unless otherwise determined by the relevant legislation of Georgia. The form and procedure of the Client’s approval shall be specified in this Contract etc. Contract between the Bank and the Client.
11.9. If the Client reports the unauthorized or inappropriately fulfilled payment after the term under 11.8, the Bank shall be obliged to take its best effort to assist the Client in the recovery of the relevant sum. This section shall not give rise to the Client’s claim of damages, recovery of the sum etc. via the Court.
11.10. Under this section, save the case under 11.12, the Bank shall be obliged to reimburse the sum of the unauthorized payment to the Client in the amount determined in accordance with 11.11.
11.11. Save the case under 11.12, the Client shall pay the damages in the amount of not over 100 GEL in case of an unauthorized transaction effected in Georgia by means of a stolen, lost, appropriated or illicitly used payment instrument. For the purposes of this section, in Georgia, an Internet transaction shall be deemed effected if it involves a payment tool generated in Georgia and the web-site belongs to a Georgian citizen, legal entity registered in Georgia or another organization, which is not a legal entity.
11.12. The Client shall be fully responsible for the damage resulting from the unauthorized payment, if caused by its deliberately breached contractual obligations under 5.11.9 or negligence.
Appears in 2 contracts
Samples: Banking Product Service Agreement, Banking Product Service Agreement
Responsibility of the Parties. 11.1. The Parties shall be responsible for failed or inappropriately fulfilled contractual obligations under this Agreement and the applicable laws;
11.2. The Client shall not use the service under this Agreement for the purposes prohibited by laws;
11.3. The Bank shall not be responsible for:
11.3.1. a damage, including the one done to a third party resulting from the breach of any of its contractual obligations by the Client;
11.3.2. results (including the ones ensuing from the Client’s breached obligations regarding a person) if caused by:
11.3.2.1. a transaction effected at the Client’s instruction;
11.3.2.2. inaccurate and/or incorrect information (including the one in the payment order etc. document submitted to the Bank) supplied by the Client to the Bank;
11.3.2.3. a Client’s incorrect and/or incomplete application and/or statement;
11.3.2.4. Client’s failure to exercise its contractual rights;
11.3.2.5. Malfunctioning of the Client’s etc. person’s computer hardware or software, telephone and/or another device (or parts and accessories thereof), the internet provider, telecommunications operator and/or any other person;
11.3.2.6. Any action of the beneficiary and/or intermediary bank indicated in the data provided by the Client to the Bank and any other reason unrelated to the Bank;
11.3.2.7. Any restriction imposed on the territory of a state, where the beneficiary and/or intermediary bank of the addressee operates, which impedes and/or completely or partially blocks receipt of money;
11.3.2.8. Blocking, withholding/write-off the transfer operation or/and a transferable sum or a part thereof for the purpose of prevention of legalization of the illicit income, terrorism funding and requirements of the agreement between the Governments of the United States and Georgia on “Improved Fulfillment of the International Tax Liabilities and Foreign Account Tax Compliance (FATCA);
11.3.2.9. the correspondent bank’s (via which transfer is effected) rejection of a transaction and/or delay thereof.
11.3.2.10. a failed or inappropriately fulfilled payment order if caused by inaccurate information supplied by the Client.
11.4. The Bank shall bear responsibility for due fulfillment of the Client’s payment order save the circumstance under 11.3.2.10. or if the recipient details received by the Bank are accurate and the recipient’s provider has received the transaction fee (the Bank transferred the sum specified in the payment order to the account of the recipient’s provider).
11.5. If the Bank duly fulfilled the Client’s payment order, the recipient’s provider shall bear responsibility to the Client or/and recipient for due fulfillment of the payment.
11.6. If in breach of 11.4, the Bank has inappropriately fulfilled the payment order, it shall be obliged to return inappropriately transferred sum and the relevant commission to the Client. If the Bank rejects accusation regarding inappropriate fulfillment of the payment order, only as a result of the effective Court decision, shall it be obliged to return the inappropriately transferred sum (together with the commission). The Parties agree that the Client shall waiver its right to claim the damage, including lost profit caused by the Bank actions under this section (breach of the contractual obligations or/and legal requirements) save the case when the effective Court decision establishes cause-and-effect relationship between the Bank’s action and the damage done to the Client.
11.7. If, under 11.4, 11.6, the Client is the recipient and the Bank bears responsibility for an inappropriately effected payment, it shall be obliged to transfer the sum to the Client’s account. The Parties agree that the Client shall waiver its right to claim the damage, including lost profit caused by the Bank actions under this section (breach of the contractual obligations or/and legal requirements) save the case when the effective Court decision establishes cause-and-effect relationship between the Bank’s action and the damage done to the Client.
11.8. The Client shall have the right to request the Bank reimbursement of the sum of the unauthorized or inappropriately fulfilled transaction unless more than 40 or 180 days have elapsed from the date of the unauthorized or inappropriately fulfilled transaction (respectively) and the Client reported the unauthorized or inappropriately fulfilled transaction immediately upon receipt of the relevant information. The payment operation shall be deemed authorized in case of the Client’s approval thereof unless otherwise determined by the relevant legislation of Georgia. The form and procedure of the Client’s approval shall be specified in this Contract etc. Contract between the Bank and the Client.
11.9. If the Client reports the unauthorized or inappropriately fulfilled payment after the term under 11.8, the Bank shall be obliged to take its best effort to assist the Client in the recovery of the relevant sum. This section shall not give rise to the Client’s claim of damages, recovery of the sum etc. via the Court.
11.10. Under this section, save the case under 11.12, the Bank shall be obliged to reimburse the sum of the unauthorized payment to the Client in the amount determined in accordance with 11.11.
11.11. Save the case under 11.12, the Client shall pay the damages in the amount of not over 100 GEL in case of an unauthorized transaction effected in Georgia by means of a stolen, lost, appropriated or illicitly used payment instrument. For the purposes of this section, in Georgia, an Internet transaction shall be deemed effected if it involves a payment tool generated in Georgia and the web- site belongs to a Georgian citizen, legal entity registered in Georgia or another organization, which is not a legal entity.
11.12. The Client shall be fully responsible for the damage resulting from the unauthorized payment, if caused by its deliberately breached contractual obligations under 5.11.9 or negligence.
Appears in 2 contracts
Samples: Banking Product Service Agreement, Banking Product Service Agreement
Responsibility of the Parties. 11.1. The Parties shall be responsible for failed or inappropriately fulfilled contractual obligations under this Agreement and the applicable laws;
11.2. The Client shall not use the service under this Agreement for the purposes prohibited by laws;
11.3. The Bank shall not be responsible for:
11.3.1. a damage, including the one done to a third party resulting from the breach of any of its contractual obligations by the Client;
11.3.2. results (including the ones ensuing from the Client’s breached obligations regarding a person) if caused by:
11.3.2.1. a transaction effected at the Client’s instruction;
11.3.2.2. inaccurate and/or incorrect information (including the one in the payment order etc. document submitted to the Bank) supplied by the Client to the Bank;
11.3.2.3. a Client’s incorrect and/or incomplete application and/or statement;
11.3.2.4. Client’s failure to exercise its contractual rights;
11.3.2.5. Malfunctioning of the Client’s etc. person’s computer hardware or software, telephone and/or another device (or parts and accessories thereof), the internet provider, telecommunications operator and/or any other person;
11.3.2.6. Any action of the beneficiary and/or intermediary bank indicated in the data provided by the Client to the Bank and any other reason unrelated to the Bank;
11.3.2.7. Any restriction imposed on the territory of a state, where the beneficiary and/or intermediary bank of the addressee operates, which impedes and/or completely or partially blocks receipt of money;
11.3.2.8. Blocking, withholding/write-off the Blockage of transfer operation or/and a and/or transferable sum or a part thereof for the purpose reason of prevention of legalization of the illicit incomeincomes, terrorism funding and requirements of the agreement between the Governments of the United States and Georgia on “Improved Fulfillment of the International Tax Liabilities and Foreign Account Tax Compliance (FATCA)financing etc. reasons;
11.3.2.9. the correspondent bank’s (via which transfer is effected) rejection of a transaction and/or delay thereof.
11.3.2.10. a failed or inappropriately fulfilled payment order if caused by inaccurate information supplied by the Client.
11.4. The Bank shall bear responsibility for due fulfillment of the Client’s payment order save the circumstance under 11.3.2.10. or if the recipient details received by the Bank are accurate and the recipient’s provider has received the transaction fee (the Bank transferred the sum specified in the payment order to the account of the recipient’s provider).
11.5. If the Bank duly fulfilled the Client’s payment order, the recipient’s provider shall bear responsibility to the Client or/and recipient for due fulfillment of the payment.
11.6. If in breach of 11.4, the Bank has inappropriately fulfilled the payment order, it shall be obliged to return inappropriately transferred sum and the relevant commission to the Client. If the Bank rejects accusation regarding inappropriate fulfillment of the payment order, only as a result of the effective Court decision, shall it be obliged to return the inappropriately transferred sum (together with the commission). The Parties agree that the Client shall waiver its right to claim the damage, including lost profit caused by the Bank actions under this section (breach of the contractual obligations or/and legal requirements) save the case when the effective Court decision establishes cause-and-effect relationship between the Bank’s action and the damage done to the Client.
11.7. If, under 11.4, 11.6, the Client is the recipient and the Bank bears responsibility for an inappropriately effected payment, it shall be obliged to transfer the sum to the Client’s account. The Parties agree that the Client shall waiver its right to claim the damage, including lost profit caused by the Bank actions under this section (breach of the contractual obligations or/and legal requirements) save the case when the effective Court decision establishes cause-and-effect relationship between the Bank’s action and the damage done to the Client.
11.8. The Client shall have the right to request the Bank reimbursement of the sum of the unauthorized or inappropriately fulfilled transaction unless more than 40 or 180 days have elapsed from the date of the unauthorized or inappropriately fulfilled transaction (respectively) and the Client reported the unauthorized or inappropriately fulfilled transaction immediately upon receipt of the relevant information. The payment operation shall be deemed authorized in case of the Client’s approval thereof unless otherwise determined by the relevant legislation of Georgia. The form and procedure of the Client’s approval shall be specified in this Contract etc. Contract between the Bank and the Client.
11.9. If the Client reports the unauthorized or inappropriately fulfilled payment after the term under 11.8, the Bank shall be obliged to take its best effort to assist the Client in the recovery of the relevant sum. This section shall not give rise to the Client’s claim of damages, recovery of the sum etc. via the Court.
11.10. Under this section, save the case under 11.12, the Bank shall be obliged to reimburse the sum of the unauthorized payment to the Client in the amount determined in accordance with 11.11.
11.11. Save the case under 11.12, the Client shall pay the damages in the amount of not over 100 GEL in case of an unauthorized transaction effected in Georgia by means of a stolen, lost, appropriated or illicitly used payment instrument. For the purposes of this section, in Georgia, an Internet transaction shall be deemed effected if it involves a payment tool generated in Georgia and the web-site belongs to a Georgian citizen, legal entity registered in Georgia or another organization, which is not a legal entity.
11.12. The Client shall be fully responsible for the damage resulting from the unauthorized payment, if caused by its deliberately breached contractual obligations under 5.11.9 or negligence.
Appears in 1 contract
Samples: Banking Product Service Agreement
