Rights and Obligations of the Parties. 3.1. The Client is entitled to: i) make transactions using the trading platform Meta Trader or any other trading platform provided by the Company which includes the processing and transmission of data uploaded by the Client with the help of PC or any other device connected to the Internet by means chosen by the Client; ii) contact the Company for obtaining the clarifying information on quotations and for giving orders for transaction closing by telephone; iii) obtain any information on state of the Trade Account at short notice provided that it is technically possible to transfer such information as of the time of request; iv) dispose of all funds available on the Trade Account including the right to transfer these funds, considering the existing limitations, to any other Trade Accounts opened with the Company in the name of this Client; v) open Trade Accounts with the Company in his own name; vi) deposit funds into his/her Trading Account and withdraw funds from his/her Trading Account in the prescribed by the Regulatory documents manner; vii) close Trade Accounts with the Company in accordance with the procedure and under the terms stipulated in this Agreement; viii) exercise other rights stipulated in this Agreement. 3.2. The Client shall: i) Provide the Company with the necessary and sufficient information for Trade Account opening, making Transactions, depositing and withdrawing of the funds. All the information provided by the Client including the information on the Client’s trading experience and other investment and financial skills shall be true, accurate and complete. The Client shall also immediately notify the Company of any changes in this information by any of means specified in paragraph 7.1. of this Agreement; ii) strictly comply with the requirements of the Regulatory Documents of the Company; iii) comply with the legal requirements applied to the Client and by no way use the Trade Account for criminal and any other unlawful purposes; iv) not disclose the data of access codes or other information, in particular, necessary for delivery of the Company’s orders for transactions and transfer of funds to/from the trade account to third parties except as otherwise expressly provided in this Agreement; v) notify the Company of the fact of funds transfer to the Company’s account made by any methods stipulated in the Company’s rules. The list of methods of funds transfer to the Company’s account is posted on the Company’s official Website: xxxx://xxx.xxxxxxxxx.xxx; vi) perform other obligations stipulated in this Agreement. 3.3. The Company is entitled to: i) demand that Client provides all the information necessary and sufficient for his proper identification while opening a Trade Account with the Company and for closing of Transactions and/or depositing and withdrawing of the funds; ii) refuse to execute transactions in case of Client’s failure to provide the information specified in paragraph
Appears in 4 contracts
Samples: Customer Agreement, Customer Agreement, Customer Agreement
Rights and Obligations of the Parties. 3.19.1. The Client is entitled to:
i) make transactions using For the trading platform Meta Trader or any other trading platform provided by the Company which includes the processing and transmission purposes of data uploaded by the Client with the help of PC or any other device connected to the Internet by means chosen by the Client;
ii) contact the Company for obtaining the clarifying information on quotations and for giving orders for transaction closing by telephone;
iii) obtain any information on state assessment of the Trade Account at short notice provided that it is technically possible to transfer such information Buyer's solvency and contract performance risk as of well as for debt management purposes, the time of request;
iv) dispose of all funds available on the Trade Account including Seller shall have the right to transfer obtain information / data about the Buyer from the companies providing credit rating services, insurance companies that provide credit insurance services or may provide these funds, considering the existing limitations, to any other Trade Accounts opened persons with the Company in information / data held about the name performance or improper performance of this Client;
v) open Trade Accounts with the Company in his own name;
vi) deposit funds into his/her Trading Account and withdraw funds from his/her Trading Account in the prescribed contractual obligations by the Regulatory documents manner;Buyer.
vii) close Trade Accounts with 9.2. If the Company in accordance with the procedure and Buyer fails to perform its obligations under the terms stipulated Contract in this Agreement;
viii) exercise other rights stipulated in this Agreement.
3.2. The Client shall:
i) Provide time, the Company with Seller shall have the necessary and sufficient information for Trade Account opening, making Transactions, depositing and withdrawing of the funds. All the information provided by the Client including the information on the Client’s trading experience and other investment and financial skills shall be true, accurate and complete. The Client shall also immediately notify the Company of any changes in this information by any of means specified in paragraph 7.1. of this Agreement;
ii) strictly comply with the requirements of the Regulatory Documents of the Company;
iii) comply with the legal requirements applied to the Client and by no way use the Trade Account for criminal and any other unlawful purposes;
iv) not disclose the data of access codes or other information, in particular, necessary for delivery of the Company’s orders for transactions and transfer of funds to/from the trade account to third parties except as otherwise expressly provided in this Agreement;
v) notify the Company of the fact of funds transfer to the Company’s account made by any methods stipulated in the Company’s rules. The list of methods of funds transfer to the Company’s account is posted on the Company’s official Website: xxxx://xxx.xxxxxxxxx.xxx;
vi) perform other obligations stipulated in this Agreement.
3.3. The Company is entitled to:
i) demand that Client provides all the information necessary and sufficient for his proper identification while opening a Trade Account with the Company and for closing of Transactions and/or depositing and withdrawing of the funds;
ii) refuse to execute transactions in case of Client’s failure right to provide the data about the Buyer, Contract, failure to perform the Contract, including but not limited to the debt, to the persons who provide debt management, administration and recovery services and administrate the information specified system of debtors (e.g., Creditinfo, etc.) For Contract performance, debt administration, evidence collection and associated purposes and in paragraphsuch a case, the relevant persons will have the right to process such data and provide them to the third persons who have a legitimate interest.
9.3. The Seller shall have the right to assign its rights, obligations, claims or their part arising out of or otherwise related to the Contract to other persons, including but not limited to the right to debt recovery, obligations concerning the processing (dipping, drying) of the Goods, transportation, storage of the Goods, and a separate written consent of the Buyer shall not be required for that purpose.
9.4. The Buyer shall not be entitled to assign its rights, obligations, claims arising out of or otherwise related to the Contract to other persons without a prior separate written consent of the Seller.
9.5. The Seller shall have the unilateral right, without a separate consent of the Buyer, at any time to use the amounts receivable by the Seller, first of all, to cover the default interest, penalties and interest payable by the Buyer to the Seller, secondly, to cover the Seller's losses related to the Buyer's non-performance or improper performance of the Contract, and thirdly, all other amounts payable by the Buyer to the Seller under the Contract out of the payments (including the price of the Goods) made to the Seller, irrespective of any indication of the purpose of payment stated in the payment order to the Seller.
Appears in 4 contracts
Samples: Purchase and Sale Contract, Purchase and Sale Contract, Purchase and Sale Contract
Rights and Obligations of the Parties. 3.1When Itau Elects ------------------------------------------------------ to Offer a Co-Branded Version of a New AOLB ISP ----------------------------------------------- Product. The Client If Itau elects to create a Co-Branded version ------- of an AOLB ISP Product in the Territory pursuant to Section 2.3.2(b) or 2.3.2(c), Itau shall market and promote such ISP Product under the terms and conditions of this Agreement, to the extent applicable and, where applicable, the terms "Co-Branded Service" and "AOLB Service" shall be deemed to include such ISP Product, provided, however that any assessments of comparability between the Co-Branded Service and the AOLB Service shall be made on an ISP Product-by-ISP Product basis. To the extent the terms and conditions herein are inapplicable, the Parties shall meet and in good faith work to agree upon adjustments to such inapplicable terms and conditions in a manner that is entitled to:
consistent with and best reflects the spirit of the relationship between the Parties under the Agreement. For the avoidance of doubt, a Party's obligation under this Section 2.3.2 and Sections 2.3.3 and 2.3.5 to discuss certain subjects with another Party shall not include an obligation to discuss with such other Party's Affiliates. In the absence of such an agreement, either AOLB or Itau may refer the issue of (i) make transactions using the trading platform Meta Trader or any other trading platform provided by applicability of the Company which includes the processing terms and transmission conditions of data uploaded by the Client with the help of PC or any other device connected this Agreement to the Internet by means chosen by the Client;
such ISP Product and, (ii) contact the Company for obtaining the clarifying information on quotations if such terms and for giving orders for transaction closing by telephone;
iii) obtain any information on state of the Trade Account at short notice provided that it is technically possible conditions are not applicable, equitable adjustments to transfer such information as of the time of request;
iv) dispose of all funds available on the Trade Account including the right to transfer these funds, considering the existing limitationsterms and conditions, to any other Trade Accounts opened with the Company in the name of this Client;
v) open Trade Accounts with the Company in his own name;
vi) deposit funds into his/her Trading Account and withdraw funds from his/her Trading Account in the prescribed by the Regulatory documents manner;
vii) close Trade Accounts with the Company nonbinding mediation for resolution in accordance with Section 13.7. With respect to the procedure Co-Branded version of such ISP Product: (a) in no event shall AOLA or AOLB be required to pay any additional amounts to Itau, provided however, that AOLB shall perform at its expense such initial Co-Branded customizations for the Co-Branded version of such ISP Product as are mutually agreed; (b) in no event shall Itau be obligated to increase its marketing obligations hereunder; and under (c) in no event shall the Parties alter the amount of any payments set forth in Section 11.2.5, or the Member Numbers. Additionally, the Co-Branded version of such ISP Product shall be substantially the same as AOLB's generally available version of such ISP Product in terms stipulated of both technology and breadth of Content, except to the extent such Co-Branded ISP Product is modified in accordance with this Agreement;
viii) exercise other rights stipulated in this Agreement.
3.2. The Client shall:
i) Provide the Company with the necessary and sufficient information for Trade Account opening, making Transactions, depositing and withdrawing of the funds. All the information provided by the Client including the information on the Client’s trading experience and other investment and financial skills shall be true, accurate and complete. The Client shall also immediately notify the Company of any changes in this information by any of means specified in paragraph 7.1. of this Agreement;
ii) strictly comply with the requirements of the Regulatory Documents of the Company;
iii) comply with the legal requirements applied to the Client and by no way use the Trade Account for criminal and any other unlawful purposes;
iv) not disclose the data of access codes or other information, in particular, necessary for delivery of the Company’s orders for transactions and transfer of funds to/from the trade account to third parties except as otherwise expressly provided in this Agreement;
v) notify the Company of the fact of funds transfer to the Company’s account made by any methods stipulated If such new ISP Product is a Free Internet Access Service in the Company’s rulesTerritory, Itau shall not be obligated to pay any fee in connection with Itau Customers' subscription to, or use of, such ISP Product. The list When AOLB introduces the Co- Branded version of methods such new ISP Product, Itau shall market and promote such new ISP Product as the premier and the principal means of funds transfer to accessing Itau's interactive Financial Services and related Content through such ISP Product in the Company’s account is posted on the Company’s official Website: xxxx://xxx.xxxxxxxxx.xxx;
vi) perform other obligations stipulated in this AgreementTerritory.
3.3. The Company is entitled to:
i) demand that Client provides all the information necessary and sufficient for his proper identification while opening a Trade Account with the Company and for closing of Transactions and/or depositing and withdrawing of the funds;
ii) refuse to execute transactions in case of Client’s failure to provide the information specified in paragraph
Appears in 3 contracts
Samples: Strategic Interactive Services and Marketing Agreement (America Online Latin America Inc), Strategic Interactive Services and Marketing Agreement (America Online Latin America Inc), Strategic Interactive Services and Marketing Agreement (America Online Latin America Inc)
Rights and Obligations of the Parties. 3.1. The Client is entitled to:
i) make 3.1.1. Make transactions using the trading platform Meta Trader or any other trading platform provided by the Company which includes the processing and transmission of data uploaded by the Client with the help of PC or any other device connected to the Internet by means chosen by the Client;
ii) contact 3.1.2. Contact the Company for obtaining the clarifying information on quotations and for giving orders for transaction closing by telephone;
iii) obtain 3.1.3. Obtain any information on state of the Trade Account at short notice provided that it is technically possible to transfer such information as of the time of request;
iv) dispose 3.1.4. Dispose of all funds available on the Trade Account including the right to transfer these funds, considering the existing limitations, to any other Trade Accounts opened with the Company in the name of this Client;
v) open 3.1.5. Open Trade Accounts with the Company in his own name;
vi) deposit 3.1.6. Deposit funds into his/her Trading Trade Account and withdraw funds from his/her Trading Trade Account in the prescribed by the Regulatory documents manner;
vii) close 3.1.7. Close Trade Accounts with the Company in accordance with the procedure and under the terms stipulated in this Agreement;
viii) exercise 3.1.8. Exercise other rights stipulated in this Agreement.
3.2. The Client shall:
i) 3.2.1. Provide the Company with the necessary and sufficient information for Trade Account opening, making Transactions, depositing and withdrawing of the funds. All the information provided by the Client including the information on the Client’s trading experience and other investment and financial skills shall be true, accurate and complete.
3.2.2. The Client shall also immediately notify the Company of any changes in this information by any of means specified in paragraph 7.1. of this Agreement;
ii) strictly 3.2.3. Strictly comply with the requirements of the Regulatory Documents of the Company;.
iii) comply 3.2.4. Comply with the legal requirements applied to the Client and by no way use the Trade Account for criminal and any other unlawful purposes;
iv) not 3.2.5. Not disclose the data of access codes or other information, in particular, necessary for delivery of the Company’s orders for transactions and transfer of funds to/from the trade account to third parties except as otherwise expressly provided in this Agreement;
v) notify 3.2.6. Notify the Company of the fact of funds transfer to the Company’s account made by any methods stipulated in the Company’s rules. The list of methods of funds transfer to the Company’s account is posted on the Company’s official Website: (xxxx://xxx.xxxxxxxxx.xxx);
vi) perform 3.2.7. Perform other obligations stipulated in this Agreement.
3.3. The Company is entitled to:
i) demand 3.3.1. Demand that Client provides all the information necessary and sufficient for his proper identification while opening a Trade Account with the Company and for closing of Transactions and/or depositing and withdrawing of the funds;
ii) refuse 3.3.1.1. Request independently, through various state and non-state services and Internet resources, all the information necessary and sufficient for Client proper identification while opening a Trade Account with the Company and for closing of Transactions and/or depositing and withdrawing of the funds;
3.3.2. Refuse to execute transactions in case of Client’s failure to provide the information specified in paragraphparagraph 3.2.1. of this Agreement;
3.3.3. Demand that the Client properly performs and/or complies with the requirements of the Regulatory Documents;
3.3.4. Unilaterally terminate this Agreement in case of improper performance of obligations by the Client under this Agreement and in case of the systematic breach of the requirements of the Regulatory Documents by the Client;
3.3.5. Enforce closing of the Client’s Trade Account in case of unilateral termination of this Agreement stipulated in paragraph 3.3.4. of this Agreement;
3.3.6. Record telephone conversations and messages delivered by mail (e-mail) services, fax or other communication method which in case of disputes related to performance of this Agreement shall be accepted by the Parties as evidences;
3.3.7. Not give the Client any recommendations and/or consultations on issues related to the Client’s taxation and tax treatment of transactions made by the Client;
3.3.8. Make use of other rules stipulated in this Agreement.
3.4. The Company shall:
3.4.1. Provide the Client with the information which the Client is entitled to receive under this Agreement;
3.4.2. Perform Transactions on behalf of the Client and being guided by the relevant Client’s orders, this Agreement and the Regulatory Documents of the Company;
3.4.3. Where necessary, keep records of Transactions made directly by the Client;
3.4.4. Make payments to the Client in accordance with the procedure stipulated in this Agreement;
3.4.5. Place funds received from the Client to the Company’s account on the Client’s Trade Account in accordance with the procedure stipulated in this Agreement;
3.4.6. Notify the Client of amendments introduced to the Regulatory Documents of the Company which are applied to the Client to some extent;
3.4.7. Fulfill other obligations stipulated in this Agreement.
Appears in 2 contracts
Samples: Customer Agreement, Customer Agreement
Rights and Obligations of the Parties. 3.1. The Client is entitled to:
i) make 3.1.1. Make transactions using the trading platform Meta Trader or any other trading platform provided by the Company which includes the processing and transmission of data uploaded by the Client with the help of PC or any other device connected to the Internet by means chosen by the Client;
ii) contact 3.1.2. Contact the Company for obtaining the clarifying information on quotations and for giving orders for transaction closing by telephone;
iii) obtain 3.1.3. Obtain any information on state of the Trade Account at short notice provided that it is technically possible to transfer such information as of the time of request;
iv) dispose 3.1.4. Dispose of all funds available on the Trade Account including the right to transfer these funds, considering the existing limitations, to any other Trade Accounts opened with the Company in the name of this Client;
v) open 3.1.5. Open Trade Accounts with the Company in his own name;
vi) deposit 3.1.6. Deposit funds into his/her Trading Trade Account and withdraw funds from his/her Trading Trade Account in the prescribed by the Regulatory documents manner;
vii) close 3.1.7. Close Trade Accounts with the Company in accordance with the procedure and under the terms stipulated in this Agreement;
viii) exercise 3.1.8. Exercise other rights stipulated in this Agreement.
3.2. The Client shall:
i) 3.2.1. Provide the Company with the necessary and sufficient information for Trade Account opening, making Transactions, depositing and withdrawing of the funds. All the information provided by the Client including the information on the Client’s trading experience and other investment and financial skills shall be true, accurate and complete.
3.2.2. The Client shall also immediately notify the Company of any changes in this information by any of means specified in paragraph 7.1. of this Agreement;
ii) strictly 3.2.3. Strictly comply with the requirements of the Regulatory Documents of the Company;.
iii) comply 3.2.4. Comply with the legal requirements applied to the Client and by no way use the Trade Account for criminal and any other unlawful purposes;
iv) not 3.2.5. Not disclose the data of access codes or other information, in particular, necessary for delivery of the Company’s orders for transactions and transfer of funds to/from the trade account to third parties except as otherwise expressly provided in this Agreement;
v) notify 3.2.6. Notify the Company of the fact of funds transfer to the Company’s account made by any methods stipulated in the Company’s rules. The list of methods of funds transfer to the Company’s account is posted on the Company’s official Website: (xxxx://xxx.xxxxxxxxx.xxx);
vi) perform 3.2.7. Perform other obligations stipulated in this Agreement.
3.3. The Company is entitled to:
i) demand 3.3.1. Demand that Client provides all the information and documents necessary and sufficient for his proper identification while opening a Trade Account with the Company, for closing of Transactions and/or depositing and withdrawing of the funds, the occurrence of any suspicious activity, as well as in case of inactivity of a trading account;
3.3.1.1. Request independently, through various state and non-state services and Internet resources, all the information necessary and sufficient for his Client proper identification while opening a Trade Account with the Company and for closing of Transactions and/or depositing and withdrawing of the funds;
ii) refuse 3.3.2. Refuse to execute transactions in case of Client’s failure to provide the information specified in paragraphparagraph 3.2.1. of this Agreement;
3.3.3. Demand that the Client properly performs and/or complies with the requirements of the Regulatory Documents;
3.3.4. Unilaterally terminate this Agreement in case of improper performance of obligations by the Client under this Agreement and in case of the systematic breach of the requirements of the Regulatory Documents by the Client;
3.3.5. Enforce closing of the Client’s Trade Account in case of unilateral termination of this Agreement stipulated in paragraph 3.3.4. of this Agreement;
3.3.6. Record telephone conversations and messages delivered by mail (e-mail) services, fax or other communication method which in case of disputes related to performance of this Agreement shall be accepted by the Parties as evidences;
3.3.7. Not give the Client any recommendations and/or consultations on issues related to the Client’s taxation and tax treatment of transactions made by the Client;
3.3.8. Make use of other rules stipulated in this Agreement.
3.4. The Company shall:
3.4.1. Provide the Client with the information which the Client is entitled to receive under this Agreement;
3.4.2. Perform Transactions on behalf of the Client and being guided by the relevant Client’s orders, this Agreement and the Regulatory Documents of the Company;
3.4.3. Where necessary, keep records of Transactions made directly by the Client;
3.4.4. Make payments to the Client in accordance with the procedure stipulated in this Agreement;
3.4.5. Place funds received from the Client to the Company’s account on the Client’s Trade Account in accordance with the procedure stipulated in this Agreement;
3.4.6. Notify the Client of amendments introduced to the Regulatory Documents of the Company which are applied to the Client to some extent;
3.4.7. Fulfill other obligations stipulated in this Agreement.
Appears in 2 contracts
Samples: Customer Agreement, Customer Agreement
Rights and Obligations of the Parties. 3.1. The Client is entitled toBank shall be entitled:
i5.1 Temporarily suspend (for the term not exceeding 1 (one) make month) or refuse to provide access to the System in case of detection of suspicious transactions using carried out via the trading platform Meta Trader or any other trading platform provided by System in accordance with the Company which includes rules of Internal Control on countering the processing legalization of proceeds received from criminal activity, financing of terrorism and transmission financing the proliferation of data uploaded by weapons of mass destruction in commercial banks, until the Client provides a written explanation of the legality of the transactions performed. In the event the Client fails to provide a written explanation of the legality of the transactions performed, the Bank shall be entitled to unilaterally terminate this Agreement with the help of PC or any other device connected to the Internet by means chosen by the Client;
ii5.2 If the event of doubts about suspicious transactions via the System, the Bank shall be entitled to inspect the Client/the User at place (postal address) contact or the Company Client’s address indicated in the Bank's documents, including inspecting the transactions process directly by a person authorized in accordance with this Agreement;
5.3 To determine and change independently the forms, the terms, the set of transactions, services and functions included in the System, the possibility for obtaining the clarifying information Client to access a certain form/function of the System as well as to set/change the general limits on quotations transactions in the System;
5.4 In order to protect the Client's funds, the Bank is entitled to request from the Client an additional EPD confirmation (Call-Back Authorization) if the amount of one EPD exceeds the threshold value set by the Bank in accordance with clause 4.12 of this Agreement;
5.5 If in the process of the Call-Back Authorization the Bank has failed to reach the Client's Contact Person at the phone numbers listed in the form of Appendix 2 hereto or if the Bank suspects an attempt to commit fraud with the Client's funds, the Bank shall be entitled to suspend/defer execution of the EPD until additional confirmation from the Client is received as specified by the Bank’s internal procedure and for giving orders for transaction closing by telephonea period not exceeding the current business day;
iii5.6 To request the Client to provide information (Call-Back Contact Details) obtain any information on state for execution of additional confirmation of the Trade Account at short notice EPD over the phone as provided that it is technically possible for in Appendix 2 hereto, necessary for the Bank to transfer such information as perform Call-Back Authorization of the time of requestClient's EPD in foreign currency;
iv) dispose 5.7 To request the Client to submit documents confirming the legality and economic feasibility of all funds available on the Trade Account including the right to transfer these funds, considering the existing limitations, to any other Trade Accounts opened with the Company transactions being carried out in the name of this Client;
v) open Trade Accounts with the Company in his own name;
vi) deposit funds into his/her Trading Account and withdraw funds from his/her Trading Account in the prescribed cases provided for by the Regulatory documents manner;
vii) close Trade Accounts with the Company current Legislation; Information on amendments: in accordance with the procedure Management Board Protocol # 45 dated 07.06.2021, paragraph 3 of clause 5.8 of the Public Offer was set out in a new wording (the amendment shall come into force from 21.06.2021)
5.8 To refuse to execute an EPD in the event of: - incomplete / inaccurate indication by the Client of the details of the transaction to be performed; - non-conformity of the transaction being executed to the established time limit; - non-compliance of the transaction being executed with the Legislation including the Legislation on countering the legalization of proceeds received from criminal activity, financing of terrorism and financing the proliferation of weapons of mass destruction in commercial banks; - insufficiency of funds on the Client’s account(s) for execution of the transaction and/or for payment of the Bank's commission for the transaction being performed; - in other cases stipulated by the Legislation;
5.9 In accordance with the Bank Tariffs and on the basis of the Client's Application, the Bank shall be entitled to debit the commission amounts for providing banking services without authorization (without the Client's consent) at the time of the transaction execution via the System. The Bank shall also be entitled to correct erroneously credited amounts without authorization (without the Client's consent) in cases when the fact of erroneous crediting of funds to the Client's account(s) is detected or in other cases stipulated by the Legislation;
5.10 To change the terms of this Agreement and the Bank Tariffs for Internet Banking service with prior notification of the Client 10 (ten) calendar days before the effective date of amendments and additions by posting the information on the Bank’s official website, by posting a notification in the System and on information boards in the Bank’s premises;
5.11 To block the Client’s Login and Password if it is suspected that they have been compromised as well as in cases specified in Section 5 of the Remote Banking Servicing Rules (Appendix 3 to this Agreement);
5.12 To suspend the exchange of ED/EPD with the Client in the event of technical failures or other circumstances, including changes in the Legislation which make it impossible or undesirable to exchange ED/EPD from the security point of view;
5.13 Not to accept for execution an ED/EPD in which mistakes have been made or the execution of which contradicts the current Legislation. In such cases the Bank shall be obliged to inform the Client within one day from the date of receipt of the ED/EPD;
5.14 Exercise other rights stipulated by the Legislation, this Agreement, the Appendices to this Agreement as well as other agreements concluded between the Bank and the Client;
5.15 To unilaterally terminate this Agreement if the Client breaches the terms of this Agreement, as well as in cases provided for by the Legislation.
5.16 To use the System in the manner and under the terms stipulated provided for in this Agreement;
viii5.17 To carry out transactions using the System and use other services of the Bank in accordance with this Agreement and Appendices hereto;
5.18 To request the Bank to block access credentials of the User(s) (Login, Password) if unauthorized access or attempted unauthorized access to the System is detected;
5.19 When necessary, the Client shall be entitled to receive paper confirmation (certified copies) of execution payment instructions carried out through the System and account(s) statements for the required period; Information on amendments: in accordance with the Management Board Protocol # 45 dated 07.06.2021, clause 5.20 of the Public Offer was set out in a new wording (the amendments shall come into force from 21.06.2021)
5.20 To set limits for a single transaction on the basis of a separate written request; Information on amendments: in accordance with the Management Board Protocol # 45 dated 07.06.2021, Section 5 of the Public Offer was supplemented by clauses 5.20.1 and 5.20.2 (the amendments shall come into force from 21.06.2021)
5.20.1 To change the threshold value of the amount of a single EPD in foreign currency determined in the Bank in accordance with clause 4.13 hereof and applied by the Bank for Call-Back Authorization (on the basis of a separate written request);
5.20.2 To suspend the use of the System for an extended period not exceeding 3 (three) consecutive months within 12 consecutive months (on the basis of a separate written request). During the entire period, this Agreement shall not be terminated and the monthly fee shall not be charged; however, the Client shall be entitled to use the System only at the “View” level. Herewith, if the period starts after the 15th day of the current month, the monthly fee for the current month shall be charged in full. If the period starts before the 15th day of the month (inclusive), the monthly fee for the current month shall be charged at the end of the last month of the period specified in the Client’s written request.
5.21 To change the User’s access credentials to the System;
5.22 To exercise other rights stipulated in accordance with this Agreement, Appendices to this Agreement, as well as other agreements concluded between the Bank and the Client. Information on amendments: in accordance with the Management Board Protocol # 45 dated 07.06.2021, Section 5 of the Public Offer was supplemented by clause 5.22.1 (the amendments shall come into force from 21.06.2021)
5.22.1 If the Bank fails to comply with the deadlines set by the Legislation for debiting the Client’s account or crediting the funds owed to the Client, the Client may demand that the Bank pay a penalty amounting to 0.1% of the overdue payment for each day of delay, but not more than 10% of the overdue payment amount.
5.23 To register the User in the System in accordance with the Application;
5.24 To provide remote banking services to the Client in the System within the scope of available services and functions in accordance with the Client’s Application and in accordance with the terms provided for in this Agreement;
5.25 To maintain banking secrecy in respect to the Client’s account transactions and to provide information on them only in the cases stipulated by the Legislation;
5.26 To suspend operations on the Client's account(s) upon written notification of the Client about the loss of access credentials (Login, Password, OTP device) or about unauthorized access to them by unauthorized persons;
5.27 To immediately block the User’s/Users’ account(s) upon the corresponding Client’s written request;
5.28 To accept for execution the Client's ED/EPD executed in accordance with the terms of this Agreement and transmitted via the System;
5.29 To inform the Client in the event of refusal/failure to execute transactions and/or process an ED/EPD received from the Client via the System;
5.30 If the OTP device fails within 1 (one) year from the date of conclusion of this Agreement, the Bank undertakes to replace the OTP device with a new OTP device once at free of charge upon the Client's written request to Bank;
5.31 To provide technical support to the Client over the phone and advice the Client on the correct use of the System;
5.32 To take all necessary and sufficient measures to ensure the normal and uninterrupted functioning of the System as well we to ensure proper maintenance of the System in accordance with the obligations assumed by the Bank under this Agreement;
5.33 To fulfill other obligations stipulated by the Legislation, this Agreement, including the Remote Banking Servicing Rules (Appendix 3 to this Agreement) as well as other agreements concluded between the Bank and the Client.
3.25.34 To ensure the Client has software and hardware that enable the Client to access the Internet securely;
5.35 To pay a fee for the OTP device, a monthly fee for the use of the System in accordance with the Bank Tariffs;
5.36 To comply with the ED/EPD preparation requirements stipulated by the current Legislation and instructions of the Bank;
5.37 To send to the Bank clearly formulated ED/EPD that does not contain information that could be misinterpreted;
5.38 To check the ED/EPD execution status in the System immediately after authorizing the ED/EPD by the Client. The Client shall:shall notify the Bank of any errors, duplications, discrepancies or omissions within the same business day of sending the ED/EPD;
i5.39 To verify all information and data transmitted or communicated from the Bank through the System within 3 (three) Provide business days after the Company information and data being received. The Client shall notify the Bank of any errors, discrepancies or omissions within 3 (three) business days after the information or data being transmitted. If no complaints are received from the Client within 3 (three) days, the information and data transmitted to/from the Client shall be deemed to be correct, accurate and complete;
5.40 To comply with and be guided by the Remote Banking Servicing Rules as set out in Appendix 3 to this Agreement;
5.41 To notify the Bank of all changes, including the dismissal and/or change of Users authorized to work in the System in order to block their access to the System by submitting a written or ED request to the Bank regarding the changes no later than the next business day following the introduction of such changes;
5.42 To notify the Bank of all changes, including dismissal and/or change of the Client's Contact Persons specified in Appendix 2 to this Agreement, who are authorized to confirm the Client's EPD in foreign currency received by the Bank through the System (Call-Back Authorization) no later than the next business day following the introduction of such changes;
5.43 In case of replacement or appointment of new Users admitted to work with the necessary and sufficient information System, the Client undertakes to submit a corresponding Application for Trade Account opening, making Transactions, depositing and withdrawing User registration in the System as well as the documents confirming powers/User access rights of the funds. All the information provided by specified persons and their identity;
5.44 When transmitting ED/EPDs, the Client including the undertakes to use information processing, storage and protection systems only on the Client’s trading experience personal computer and other investment devices that are in good working order and financial skills shall have been checked for the absence of computer viruses;
5.45 Not to transfer the User’s access credentials (Login, Password) and OTP device to third parties and not to grant access to the System to third parties, except for the Client’s employees, who have access to the System in accordance with their official duties fixed by respective internal order;
5.46 Ensure the confidentiality of access credentials (Login, Password) and the security of the OTP device (not to be true, accurate and complete. The Client shall also passed on to third parties);
5.47 To immediately notify the Company Bank if unauthorized access or attempts of any changes unauthorized access to the System is detected as well as if the Client's access credentials (Login, Password, OTP device) are lost or stolen; Information on amendments: in accordance with the Management Board Protocol # 45 dated 07.06.2021, clause 5.48 of the Public Offer was set out in a new wording (the amendments shall come into force from 21.06.2021)
5.48 To immediately notify the Bank in writing of all cases of loss of OTP device. In cases of verbal notification (by phone), the Client shall confirm this information in writing within 1 (one) business day from the date of loss. In this case, the use of the System by any a corresponding User shall be discontinued and the User’s access to the System shall be blocked from the moment of means specified in paragraph 7.1. of this Agreementsuch notification until the Client receives new OTP device from the Bank;
ii5.49 Not to use the services provided by the Bank for illegal purposes, including not to carry out operations/transactions aimed at legalization of proceeds received from criminal activity, financing of terrorism and financing the proliferation of weapons of mass destruction;
5.50 If necessary, at the request of the Bank, the Client undertakes to provide copies of contracts (other documents) strictly comply within 3 (three) business days, confirming the legality and economic feasibility of the transaction carried out using the System in accordance with the requirements of the Regulatory Documents of the CompanyLegislation;
iii) 5.51 To comply with the legal requirements applied to current regulations of the Central Bank of the Republic of Uzbekistan;
5.52 To follow the User's Manual of the System (the text of the User Manual is available in the System);
5.53 In the event of faults in the System, the Client and by no way use contacts the Trade Account for criminal and any other unlawful purposes;
iv) not disclose the data of access codes or other information, in particular, necessary for delivery of the Company’s orders for transactions and transfer of funds to/from the trade account Bank's helpdesk to third parties except as otherwise expressly provided in this Agreement;
v) notify the Company of the fact of funds transfer to the Company’s account made by any methods stipulated in the Company’s rules. The list of methods of funds transfer to the Company’s account is posted on the Company’s official Website: xxxx://xxx.xxxxxxxxx.xxx;
vi) perform other obligations stipulated in this Agreementeliminate them.
3.3. The Company is entitled to:
i) demand that Client provides all the information necessary and sufficient for his proper identification while opening a Trade Account with the Company and for closing of Transactions and/or depositing and withdrawing of the funds;
ii) refuse to execute transactions in case of Client’s failure to provide the information specified in paragraph
Appears in 1 contract
Samples: Remote Banking Servicing Agreement
Rights and Obligations of the Parties. 3.1. The Client is entitled to:
i) make transactions using the trading platform Meta Trader or any other trading platform provided by the Company NEWSOLID which includes the processing and transmission of data uploaded by the Client with the help of PC or any other device connected to the Internet by means chosen by the Client;
ii) contact the Company NEWSOLID for obtaining the clarifying information on quotations and for giving orders for transaction closing by telephone;
iii) obtain any information on state of the Trade Account at short notice provided that it is technically possible to transfer such information as of the time of request;
iv) dispose of all funds available on the Trade Account including the right to transfer these funds, considering the existing limitations, to any other Trade Accounts opened with the Company NEWSOLID in the name of this Client;
v) open Trade Accounts with the Company NEWSOLID in his own name;
vi) deposit funds into his/her Trading Account and withdraw funds from his/her Trading Account in the prescribed by the Regulatory documents manner;
vii) close Trade Accounts with the Company NEWSOLID in accordance with the procedure and under the terms stipulated in this Agreement;
viii) exercise other rights stipulated in this Agreement.
3.2. The Client shall:
i) Provide the Company NEWSOLID with the necessary and sufficient information for Trade Account opening, making Transactions, depositing and withdrawing of the funds. All the information provided by the Client including the information on the Client’s trading experience and other investment and financial skills shall be true, accurate and complete. The Client shall also immediately notify the Company NEWSOLID of any changes in this information by any of means specified in paragraph 7.1. of this Agreement;
ii) strictly comply with the requirements of the Regulatory Documents of the CompanyNEWSOLID;
iii) comply with the legal requirements applied to the Client and by no way use the Trade Account for criminal and any other unlawful purposes;
iv) not disclose the data of access codes or other information, in particular, necessary for delivery of the CompanyNEWSOLID’s orders for transactions and transfer of funds to/from the trade account to third parties except as otherwise expressly provided in this Agreement;
v) notify the Company NEWSOLID of the fact of funds transfer to the CompanyNEWSOLID’s account made by any methods stipulated in the CompanyNEWSOLID’s rules. The list of methods of funds transfer to the CompanyNEWSOLID’s account is posted on the CompanyNEWSOLID’s official Website: xxxx://xxx.xxxxxxxxx.xxxxxxx://xxx.xxxxxxxx.xxx;
vi) perform other obligations stipulated in this Agreement.
3.3. The Company NEWSOLID is entitled to:
i) demand that Client provides all the information necessary and sufficient for his proper identification while opening a Trade Account with the Company NEWSOLID and for closing of Transactions and/or depositing and withdrawing of the funds;
ii) refuse to execute transactions in case of Client’s failure to provide the information specified in paragraphparagraph 3.2.i. of this Agreement;
iii) demand that the Client properly performs and/or complies with the requirements of the Regulatory Documents;
iv) unilaterally terminate this Agreement in case of improper performance of obligations by the Client under this Agreement and in case of the systematic breach of the requirements of the Regulatory Documents by the Client;
v) enforce closing of the Client’s Trade Account in case of unilateral termination of this Agreement stipulated in paragraph 3.3.iv. of this Agreement;
vi) record telephone conversations and messages delivered by mail (e-mail) services, fax or other communication method which in case of disputes related to performance of this Agreement shall be accepted by the Parties as evidences;
vii) not give the Client any recommendations and/or consultations on issues related to the Client’s taxation and tax treatment of transactions made by the Client; viii) make use of other rules stipulated in this Agreement.
3.4. NEWSOLID shall:
i) provide the Client with the information which the Client is entitled to receive under this Agreement;
ii) perform Transactions on behalf of the Client and being guided by the relevant Client’s orders, this Agreement and the Regulatory Documents of NEWSOLID;
iii) where necessary, keep records of Transactions made directly by the Client;
iv) make payments to the Client in accordance with the procedure stipulated in this Agreement;
v) place funds received from the Client to NEWSOLID’s account on the Client’s Trade Account in accordance with the procedure stipulated in this Agreement;
vi) notify the Client of amendments introduced to the Regulatory Documents of NEWSOLID which are applied to the Client to some extent; vii) fulfill other obligations stipulated in this Agreement.
Appears in 1 contract
Samples: Customer Agreement
Rights and Obligations of the Parties. 3.1. Rights and obligations of the Customer: • The Client Customer is entitled to:
i) make transactions using obliged to ensure that all of the trading platform Meta Trader or any other trading platform provided by the Company which includes personal data transferred to Span is collected with appropriate rights in lawful, fair and transparent way and that the processing and transmission of data uploaded by the Client with the help of PC or any other device connected to the Internet by means chosen by the Client;
ii) contact the Company for obtaining the clarifying information on quotations and for giving orders for transaction closing by telephone;
iii) obtain any information on state of the Trade Account at short notice provided that it collected data is technically possible to transfer such information as of the time of request;
iv) dispose of all funds available on the Trade Account including the right to transfer these funds, considering the existing limitations, to any other Trade Accounts opened with the Company in the name of this Client;
v) open Trade Accounts with the Company in his own name;
vi) deposit funds into his/her Trading Account and withdraw funds from his/her Trading Account in the prescribed by the Regulatory documents manner;
vii) close Trade Accounts with the Company in accordance with the procedure GDPR and under national law; • The Customer agrees that he will not upload any content containing personal data to Xxxx.Xxxx when using it, unless such content is necessary for the terms stipulated execution of the contractual obligations and described in this Agreement;
viii) exercise other rights stipulated in this Agreement.
3.2Appendix. The Client shall:
i) Provide • During and after the Company with the necessary and sufficient information for Trade Account opening, making Transactions, depositing and withdrawing expiration of the funds. All Agreement, the information provided by Customer has the Client including the information on the Client’s trading experience right to request from Span to correct, delete, block and other investment and financial skills shall be true, accurate and complete. The Client shall also immediately notify the Company of any changes in this information by any of means specified in paragraph 7.1. of this Agreement;
ii) strictly comply with the requirements of the Regulatory Documents of the Company;
iii) comply with the legal requirements applied to the Client and by no way use the Trade Account for criminal and any other unlawful purposes;
iv) not disclose transfer the data of access codes or other informationthe Customer, all according to the GDPR and also assure that this information is known and available to the individuals whose personal information Span is processing in particular, necessary for delivery accordance with this Appendix 1; • The Customer may at any time review the processing of the CompanyCustomer 's data by Span to ensure that the processing is carried out in accordance with the provisions of this Appendix, Agreement, GDPR and national law; • The Customer may exercise his rights and instruct individuals whose personal data Span is processing on how to do so according to the Chapter III of the GDPR. Span rights and obligations: • process the Customer’s orders data in a lawful manner and consistent with the original purpose of collecting the Customer’s data, i.e., Span shall not process any of the personal data in a manner outside the scope and purpose of processing provided for transactions in the Agreement and transfer this Appendix, including, but not limited to, processing data of funds to/from Customers for their own benefit; • ensures that persons authorised to process the trade personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality; • takes all measures required pursuant to Article 32 of the GDPR; • respects the conditions referred to in GDPR for engaging another processor; • taking into account the nature of the processing, assists the Customers by appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of the Customer’s obligation to third parties except as otherwise expressly provided respond to requests for exercising the data subject's rights laid down in Chapter III of the GDPR; • assists the Customers in ensuring compliance with the obligations pursuant to Articles 32 to 36 taking into account the nature of processing and the information available to the Customers; • at the choice of the Customer, deletes or returns all the personal data to the Customer after the end of the provision of services relating to processing, and deletes existing copies unless Union or Member State law requires storage of the personal data; • makes available to the Customer all information necessary to demonstrate compliance with the obligations laid down in this Agreement;
v) notify Appendix and allow for and contribute to audits, including inspections, conducted by the Company Customer or another auditor mandated by the Customer; • Span shall not engage a data processor without prior specific or general written authorisation of the fact Customer. In the case of funds transfer general written authorisation, Xxxx shall inform the Customer of any intended changes concerning the addition or replacement of processors, thereby giving the Customer the opportunity to object to such changes. For the Company’s account made by any methods stipulated in the Company’s rules. The list purpose of methods of funds transfer to the Company’s account is posted on the Company’s official Website: xxxx://xxx.xxxxxxxxx.xxx;
vi) perform other obligations stipulated in this Agreement.
3.3. The Company is entitled to:
i) demand that Client provides all the information necessary and sufficient for his proper identification while opening a Trade Account with the Company and for closing of Transactions and/or depositing and withdrawing execution of the funds;
ii) refuse Agreement and this Appendix it is determined by Customer that Span has the general written authorisation and right to execute transactions engage / use processors stated in case Data Processors section for all of Client’s failure to provide the information specified in paragraphdata processing.
Appears in 1 contract
Samples: Terms and Conditions
Rights and Obligations of the Parties. 3.1. The Client is entitled toBank shall be entitled:
i5.1 Temporarily suspend (for the term not exceeding 1 (one) make month) or refuse to provide access to the System in case of detection of suspicious transactions using carried out via the trading platform Meta Trader or any other trading platform provided by System in accordance with the Company which includes rules of Internal Control on countering the processing legalization of proceeds received from criminal activity, financing of terrorism and transmission financing the proliferation of data uploaded by weapons of mass destruction in commercial banks, until the Client provides a written explanation of the legality of the transactions performed. In the event the Client fails to provide a written explanation of the legality of the transactions performed, the Bank shall be entitled to unilaterally terminate this Agreement with the help of PC or any other device connected to the Internet by means chosen by the Client;
ii5.2 If the event of doubts about suspicious transactions via the System, the Bank shall be entitled to inspect the Client/the User at place (postal address) contact or the Company Client’s address indicated in the Bank's documents, including inspecting the transactions process directly by a person authorized in accordance with this Agreement;
5.3 To determine and change independently the forms, the terms, the set of transactions, services and functions included in the System, the possibility for obtaining the clarifying information Client to access a certain form/function of the System as well as to set/change the general limits on quotations transactions in the System;
5.4 In order to protect the Client's funds, the Bank is entitled to request from the Client an additional EPD confirmation (Call-Back Authorization) if the amount of one EPD exceeds the threshold value set by the Bank in accordance with clause 4.12 of this Agreement;
5.5 If in the process of the Call-Back Authorization the Bank has failed to reach the Client's Contact Person at the phone numbers listed in the form of Appendix 2 hereto or if the Bank suspects an attempt to commit fraud with the Client's funds, the Bank shall be entitled to suspend/defer execution of the EPD until additional confirmation from the Client is received as specified by the Bank’s internal procedure and for giving orders for transaction closing by telephonea period not exceeding the current business day;
iii5.6 To request the Client to provide information (Call-Back Contact Details) obtain any information on state for execution of additional confirmation of the Trade Account EPD over the phone as provided for in Appendix 2 hereto, necessary for the Bank to perform Call-Back Authorization of the Client's EPD in foreign currency;
5.7 To request the Client to submit documents confirming the legality and economic feasibility of the transactions being carried out in the cases provided for by the current Legislation;
5.8 To refuse to execute an EPD in the event of: - incomplete / inaccurate indication by the Client of the details of the transaction to be performed; - non-conformity of the transaction being executed to the established time limit; - non-compliance of the transaction being executed with the rules of Internal control on countering the legalization of proceeds received from criminal activity, financing of terrorism and financing the proliferation of weapons of mass destruction in commercial banks; - insufficiency of funds on the Client’s account(s) for execution of the transaction and/or for payment of the Bank's commission for the transaction being performed; - in other cases stipulated by the Legislation;
5.9 In accordance with the Bank Tariffs and on the basis of the Client's Application, the Bank shall be entitled to debit the commission amounts for providing banking services without authorization (without the Client's consent) at short notice provided that it is technically possible to transfer such information as of the time of requestthe transaction execution via the System. The Bank shall also be entitled to correct erroneously credited amounts without authorization (without the Client's consent) in cases when the fact of erroneous crediting of funds to the Client's account(s) is detected or in other cases stipulated by the Legislation;
iv5.10 To change the terms of this Agreement and the Bank Tariffs for Internet Banking service with prior notification of the Client 10 (ten) dispose calendar days before the effective date of all funds available amendments and additions by posting the information on the Trade Account including Bank’s official website, by posting a notification in the right System and on information boards in the Bank’s premises;
5.11 To block the Client’s Login and Password if it is suspected that they have been compromised as well as in cases specified in Section 6 of the Remote Banking Servicing Rules (Appendix 3 to transfer these funds, considering this Agreement);
5.12 To suspend the existing limitations, to any other Trade Accounts opened exchange of ED/EPD with the Company Client in the name event of technical failures or other circumstances, including changes in the Legislation which make it impossible or undesirable to exchange ED/EPD from the security point of view;
5.13 Not to accept for execution an ED/EPD in which mistakes have been made or the execution of which contradicts the current Legislation. In such cases the Bank shall be obliged to inform the Client within one day from the date of receipt of the ED/EPD;
5.14 Exercise other rights stipulated by the Legislation, this Agreement, the Appendices to this Agreement as well as other agreements concluded between the Bank and the Client;
v) open Trade Accounts with 5.15 To unilaterally terminate this Agreement if the Company Client breaches the terms of this Agreement, as well as in his own name;cases provided for by the Legislation.
vi) deposit funds into his/her Trading Account and withdraw funds from his/her Trading Account 5.16 To use the System in the prescribed by the Regulatory documents manner;
vii) close Trade Accounts with the Company in accordance with the procedure manner and under the terms stipulated provided for in this Agreement;
viii5.17 To carry out transactions using the System and use other services of the Bank in accordance with this Agreement and Appendices hereto;
5.18 To request the Bank to block access credentials of the User(s) (Login, Password) if unauthorized access or attempted unauthorized access to the System is detected;
5.19 When necessary, the Client shall be entitled to receive paper confirmation (certified copies) of execution payment instructions carried out through the System and account(s) statements for the required period;
5.20 On the basis of a separate written request from the Client, set daily and single transaction limits within the overall limits established by the Bank;
5.21 To change the User’s access credentials to the System;
5.22 To exercise other rights stipulated in accordance with this Agreement, Appendices to this Agreement, as well as other agreements concluded between the Bank and the Client.
5.23 To register the User in the System in accordance with the Application;
5.24 To provide remote banking services to the Client in the System within the scope of available services and functions in accordance with the Client’s Application and in accordance with the terms provided for in this Agreement;
5.25 To maintain banking secrecy in respect to the Client’s account transactions and to provide information on them only in the cases stipulated by the Legislation;
5.26 To suspend operations on the Client's account(s) upon written notification of the Client about the loss of access credentials (Login, Password, OTP device) or about unauthorized access to them by unauthorized persons;
5.27 To immediately block the User’s/Users’ account(s) upon the corresponding Client’s written request;
5.28 To accept for execution the Client's ED/EPD executed in accordance with the terms of this Agreement and transmitted via the System;
5.29 To inform the Client in the event of refusal/failure to execute transactions and/or process an ED/EPD received from the Client via the System;
5.30 If the OTP device fails within 1 (one) year from the date of conclusion of this Agreement, the Bank undertakes to replace the OTP device with a new OTP device once at free of charge upon the Client's written request to Bank;
5.31 To provide technical support to the Client over the phone and advice the Client on the correct use of the System;
5.32 To take all necessary and sufficient measures to ensure the normal and uninterrupted functioning of the System as well we to ensure proper maintenance of the System in accordance with the obligations assumed by the Bank under this Agreement;
5.33 To fulfill other obligations stipulated by the Legislation, this Agreement, including the Remote Banking Servicing Rules (Appendix 3 to this Agreement) as well as other agreements concluded between the Bank and the Client.
3.25.34 To ensure the Client has software and hardware that enable the Client to access the Internet securely;
5.35 To pay a fee for the OTP device, a monthly fee for the use of the System in accordance with the Bank Tariffs;
5.36 To comply with the ED/EPD preparation requirements stipulated by the current Legislation and instructions of the Bank;
5.37 To send to the Bank clearly formulated ED/EPD that does not contain information that could be misinterpreted;
5.38 To check the ED/EPD execution status in the System immediately after authorizing the ED/EPD by the Client. The Client shall:shall notify the Bank of any errors, duplications, discrepancies or omissions within the same business day of sending the ED/EPD;
i5.39 To verify all information and data transmitted or communicated from the Bank through the System within 3 (three) Provide business days after the Company information and data being received. The Client shall notify the Bank of any errors, discrepancies or omissions within 3 (three) business days after the information or data being transmitted. If no complaints are received from the Client within 3 (three) days, the information and data transmitted to/from the Client shall be deemed to be correct, accurate and complete;
5.40 To comply with and be guided by the Remote Banking Servicing Rules as set out in Appendix 3 to this Agreement;
5.41 To notify the Bank of all changes, including the dismissal and/or change of Users authorized to work in the System in order to block their access to the System by submitting a written or ED request to the Bank regarding the changes no later than the next business day following the introduction of such changes;
5.42 To notify the Bank of all changes, including dismissal and/or change of the Client's Contact Persons specified in Appendix 2 to this Agreement, who are authorized to confirm the Client's EPD in foreign currency received by the Bank through the System (Call-Back Authorization) no later than the next business day following the introduction of such changes;
5.43 In case of replacement or appointment of new Users admitted to work with the necessary and sufficient information System, the Client undertakes to submit a corresponding Application for Trade Account opening, making Transactions, depositing and withdrawing User registration in the System as well as the documents confirming powers/User access rights of the funds. All the information provided by specified persons and their identity;
5.44 When transmitting ED/EPDs, the Client including the undertakes to use information processing, storage and protection systems only on the Client’s trading experience personal computer and other investment devices that are in good working order and financial skills shall have been checked for the absence of computer viruses;
5.45 Not to transfer the User’s access credentials (Login, Password) and OTP device to third parties and not to grant access to the System to third parties, except for the Client’s employees, who have access to the System in accordance with their official duties fixed by respective internal order;
5.46 Ensure the confidentiality of access credentials (Login, Password) and the security of the OTP device (not to be true, accurate and complete. The Client shall also passed on to third parties);
5.47 To immediately notify the Company Bank if unauthorized access or attempts of any changes in this information by any of means specified in paragraph 7.1. of this Agreementunauthorized access to the System is detected as well as if the Client's access credentials (Login, Password, OTP device) are lost or stolen;
ii5.48 To immediately notify the Bank in writing of all cases of loss of OTP device. In cases of verbal notification (by phone), the Client shall confirm this in writing within 1 (one) strictly comply business day from the date of loss. In this case, the use of the System shall be discontinued and the Client’s access to the System shall be blocked from the moment of such notification until the Client receives new OTP device from the Bank;
5.49 Not to use the services provided by the Bank for illegal purposes, including not to carry out operations/transactions aimed at legalization of proceeds received from criminal activity, financing of terrorism and financing the proliferation of weapons of mass destruction;
5.50 If necessary, at the request of the Bank, the Client undertakes to provide copies of contracts (other documents) within 3 (three) business days, confirming the legality and economic feasibility of the transaction carried out using the System in accordance with the requirements of the Regulatory Documents of the CompanyLegislation;
iii) 5.51 To comply with the legal requirements applied to current regulations of the Central Bank of the Republic of Uzbekistan;
5.52 To follow the User's Manual of the System (the text of the User Manual is available in the System);
5.53 In the event of faults in the System, the Client and by no way use contacts the Trade Account for criminal and any other unlawful purposes;
iv) not disclose the data of access codes or other information, in particular, necessary for delivery of the Company’s orders for transactions and transfer of funds to/from the trade account Bank's helpdesk to third parties except as otherwise expressly provided in this Agreement;
v) notify the Company of the fact of funds transfer to the Company’s account made by any methods stipulated in the Company’s rules. The list of methods of funds transfer to the Company’s account is posted on the Company’s official Website: xxxx://xxx.xxxxxxxxx.xxx;
vi) perform other obligations stipulated in this Agreementeliminate them.
3.3. The Company is entitled to:
i) demand that Client provides all the information necessary and sufficient for his proper identification while opening a Trade Account with the Company and for closing of Transactions and/or depositing and withdrawing of the funds;
ii) refuse to execute transactions in case of Client’s failure to provide the information specified in paragraph
Appears in 1 contract
Rights and Obligations of the Parties. 3.1. The Client is entitled toBank shall be entitled:
i5.1 Temporarily suspend (for the term not exceeding 1 (one) make month) or refuse to provide access to the System in case of detection of suspicious transactions using carried out via the trading platform Meta Trader or any other trading platform provided by System in accordance with the Company which includes rules of Internal Control on countering the processing legalization of proceeds received from criminal activity, financing of terrorism and transmission financing the proliferation of data uploaded by weapons of mass destruction in commercial banks, until the Client provides a written explanation of the legality of the transactions performed. In the event the Client fails to provide a written explanation of the legality of the transactions performed, the Bank shall be entitled to unilaterally terminate this Agreement with the help of PC or any other device connected to the Internet by means chosen by the Client;
ii5.2 If the event of doubts about suspicious transactions via the System, the Bank shall be entitled to inspect the Client/the User at place (postal address) contact or the Company Client’s address indicated in the Bank's documents, including inspecting the transactions process directly by a person authorized in accordance with this Agreement;
5.3 To determine and change independently the forms, the terms, the set of transactions, services and functions included in the System, the possibility for obtaining the clarifying information Client to access a certain form/function of the System as well as to set/change the general limits on quotations transactions in the System;
5.4 In order to protect the Client's funds, the Bank is entitled to request from the Client an additional EPD confirmation (Call-Back Authorization) if the amount of one EPD exceeds the threshold value set by the Bank in accordance with clause 4.12 of this Agreement;
5.5 If in the process of the Call-Back Authorization the Bank has failed to reach the Client's Contact Person at the phone numbers listed in the form of Appendix 2 hereto or if the Bank suspects an attempt to commit fraud with the Client's funds, the Bank shall be entitled to suspend/defer execution of the EPD until additional confirmation from the Client is received as specified by the Bank’s internal procedure and for giving orders for transaction closing by telephonea period not exceeding the current business day;
iii5.6 To request the Client to provide information (Call-Back Contact Details) obtain any information on state for execution of additional confirmation of the Trade Account at short notice EPD over the phone as provided that it is technically possible for in Appendix 2 hereto, necessary for the Bank to transfer such information as perform Call-Back Authorization of the time of requestClient's EPD in foreign currency;
iv) dispose 5.7 To request the Client to submit documents confirming the legality and economic feasibility of all funds available on the Trade Account including the right to transfer these funds, considering the existing limitations, to any other Trade Accounts opened with the Company transactions being carried out in the name of this Client;
v) open Trade Accounts with the Company in his own name;
vi) deposit funds into his/her Trading Account and withdraw funds from his/her Trading Account in the prescribed cases provided for by the Regulatory documents manner;
vii) close Trade Accounts with the Company current Legislation; Information on amendments: in accordance with the procedure Management Board Protocol # 45 dated 07.06.2021, paragraph 3 of clause 5.8 of the Public Offer was set out in a new wording (the amendment shall come into force from 21.06.2021) Information on amendments: in accordance with the Management Board Protocol #IMG/LGD/HO/22/42 dated 25.05.2022, paragraph 3 of clause 5.8 of the Public Offer was supplemented by sub-item 5 (the amendment shall come into force from 01.06.2022)
5.8 To refuse to execute an EPD in the event of: - incomplete / inaccurate indication by the Client of the details of the transaction to be performed; - non-conformity of the transaction being executed to the established time limit; - non-compliance of the transaction being executed with the Legislation including the Legislation on countering the legalization of proceeds received from criminal activity, financing of terrorism and financing the proliferation of weapons of mass destruction in commercial banks; - insufficiency of funds on the Client’s account(s) for execution of the transaction and/or for payment of the Bank's commission for the transaction being performed; - insufficiency of funds on the Client’s transit account for the execution of the payroll during the business day to replenish corporate plastic cards or cards of individuals (salary project) without notifying the Client. At the same time, the Bank shall be entitled to unilaterally delete an unexecuted payroll; - in other cases stipulated by the Legislation;
5.9 In accordance with the Bank Tariffs and on the basis of the Client's Application, the Bank shall be entitled to debit the commission amounts for providing banking services without authorization (without the Client's consent) at the time of the transaction execution via the System. The Bank shall also be entitled to correct erroneously credited amounts without authorization (without the Client's consent) in cases when the fact of erroneous crediting of funds to the Client's account(s) is detected or in other cases stipulated by the Legislation;
5.10 To change the terms of this Agreement and the Bank Tariffs for Internet Banking service with prior notification of the Client 10 (ten) calendar days before the effective date of amendments and additions by posting the information on the Bank’s official website, by posting a notification in the System and on information boards in the Bank’s premises;
5.11 To block the Client’s Login and Password if it is suspected that they have been compromised as well as in cases specified in Section 5 of the Remote Banking Servicing Rules (Appendix 3 to this Agreement);
5.12 To suspend the exchange of ED/EPD with the Client in the event of technical failures or other circumstances, including changes in the Legislation which make it impossible or undesirable to exchange ED/EPD from the security point of view;
5.13 Not to accept for execution an ED/EPD in which mistakes have been made or the execution of which contradicts the current Legislation. In such cases the Bank shall be obliged to inform the Client within one day from the date of receipt of the ED/EPD;
5.14 Exercise other rights stipulated by the Legislation, this Agreement, the Appendices to this Agreement as well as other agreements concluded between the Bank and the Client;
5.15 To unilaterally terminate this Agreement if the Client breaches the terms of this Agreement, as well as in cases provided for by the Legislation.
5.16 To use the System in the manner and under the terms stipulated provided for in this Agreement;
viii5.17 To carry out transactions using the System and use other services of the Bank in accordance with this Agreement and Appendices hereto;
5.18 To request the Bank to block access credentials of the User(s) (Login, Password) if unauthorized access or attempted unauthorized access to the System is detected;
5.19 When necessary, the Client shall be entitled to receive paper confirmation (certified copies) of execution payment instructions carried out through the System and account(s) statements for the required period; Information on amendments: in accordance with the Management Board Protocol # 45 dated 07.06.2021, clause 5.20 of the Public Offer was set out in a new wording (the amendments shall come into force from 21.06.2021)
5.20 To set limits for a single transaction on the basis of a separate written request; Information on amendments: in accordance with the Management Board Protocol # 45 dated 07.06.2021, Section 5 of the Public Offer was supplemented by clauses 5.20.1 and 5.20.2 (the amendments shall come into force from 21.06.2021)
5.20.1 To change the threshold value of the amount of a single EPD in foreign currency determined in the Bank in accordance with clause 4.13 hereof and applied by the Bank for Call-Back Authorization (on the basis of a separate written request);
5.20.2 To suspend the use of the System for an extended period not exceeding 3 (three) consecutive months within 12 consecutive months (on the basis of a separate written request). During the entire period, this Agreement shall not be terminated and the monthly fee shall not be charged; however, the Client shall be entitled to use the System only at the “View” level. Herewith, if the period starts after the 15th day of the current month, the monthly fee for the current month shall be charged in full. If the period starts before the 15th day of the month (inclusive), the monthly fee for the current month shall be charged at the end of the last month of the period specified in the Client’s written request.
5.21 To change the User’s access credentials to the System;
5.22 To exercise other rights stipulated in accordance with this Agreement, Appendices to this Agreement, as well as other agreements concluded between the Bank and the Client. Information on amendments: in accordance with the Management Board Protocol # 45 dated 07.06.2021, Section 5 of the Public Offer was supplemented by clause 5.22.1 (the amendments shall come into force from 21.06.2021)
5.22.1 If the Bank fails to comply with the deadlines set by the Legislation for debiting the Client’s account or crediting the funds owed to the Client, the Client may demand that the Bank pay a penalty amounting to 0.1% of the overdue payment for each day of delay, but not more than 10% of the overdue payment amount.
5.23 To register the User in the System in accordance with the Application;
5.24 To provide remote banking services to the Client in the System within the scope of available services and functions in accordance with the Client’s Application and in accordance with the terms provided for in this Agreement;
5.25 To maintain banking secrecy in respect to the Client’s account transactions and to provide information on them only in the cases stipulated by the Legislation;
5.26 To suspend operations on the Client's account(s) upon written notification of the Client about the loss of access credentials (Login, Password, OTP device) or about unauthorized access to them by unauthorized persons;
5.27 To immediately block the User’s/Users’ account(s) upon the corresponding Client’s written request;
5.28 To accept for execution the Client's ED/EPD executed in accordance with the terms of this Agreement and transmitted via the System;
5.29 To inform the Client in the event of refusal/failure to execute transactions and/or process an ED/EPD received from the Client via the System;
5.30 If the OTP device fails within 1 (one) year from the date of conclusion of this Agreement, the Bank undertakes to replace the OTP device with a new OTP device once at free of charge upon the Client's written request to Bank;
5.31 To provide technical support to the Client over the phone and advice the Client on the correct use of the System;
5.32 To take all necessary and sufficient measures to ensure the normal and uninterrupted functioning of the System as well we to ensure proper maintenance of the System in accordance with the obligations assumed by the Bank under this Agreement;
5.33 To fulfill other obligations stipulated by the Legislation, this Agreement, including the Remote Banking Servicing Rules (Appendix 3 to this Agreement) as well as other agreements concluded between the Bank and the Client.
3.25.34 To ensure the Client has software and hardware that enable the Client to access the Internet securely;
5.35 To pay a fee for the OTP device, a monthly fee for the use of the System in accordance with the Bank Tariffs;
5.36 To comply with the ED/EPD preparation requirements stipulated by the current Legislation and instructions of the Bank;
5.37 To send to the Bank clearly formulated ED/EPD that does not contain information that could be misinterpreted;
5.38 To check the ED/EPD execution status in the System immediately after authorizing the ED/EPD by the Client. The Client shall:shall notify the Bank of any errors, duplications, discrepancies or omissions within the same business day of sending the ED/EPD;
i5.39 To verify all information and data transmitted or communicated from the Bank through the System within 3 (three) Provide business days after the Company information and data being received. The Client shall notify the Bank of any errors, discrepancies or omissions within 3 (three) business days after the information or data being transmitted. If no complaints are received from the Client within 3 (three) days, the information and data transmitted to/from the Client shall be deemed to be correct, accurate and complete;
5.40 To comply with and be guided by the Remote Banking Servicing Rules as set out in Appendix 3 to this Agreement;
5.41 To notify the Bank of all changes, including the dismissal and/or change of Users authorized to work in the System in order to block their access to the System by submitting a written or ED request to the Bank regarding the changes no later than the next business day following the introduction of such changes;
5.42 To notify the Bank of all changes, including dismissal and/or change of the Client's Contact Persons specified in Appendix 2 to this Agreement, who are authorized to confirm the Client's EPD in foreign currency received by the Bank through the System (Call-Back Authorization) no later than the next business day following the introduction of such changes;
5.43 In case of replacement or appointment of new Users admitted to work with the necessary and sufficient information System, the Client undertakes to submit a corresponding Application for Trade Account opening, making Transactions, depositing and withdrawing User registration in the System as well as the documents confirming powers/User access rights of the funds. All the information provided by specified persons and their identity;
5.44 When transmitting ED/EPDs, the Client including the undertakes to use information processing, storage and protection systems only on the Client’s trading experience personal computer and other investment devices that are in good working order and financial skills shall have been checked for the absence of computer viruses;
5.45 Not to transfer the User’s access credentials (Login, Password) and OTP device to third parties and not to grant access to the System to third parties, except for the Client’s employees, who have access to the System in accordance with their official duties fixed by respective internal order;
5.46 Ensure the confidentiality of access credentials (Login, Password) and the security of the OTP device (not to be true, accurate and complete. The Client shall also passed on to third parties);
5.47 To immediately notify the Company Bank if unauthorized access or attempts of any changes unauthorized access to the System is detected as well as if the Client's access credentials (Login, Password, OTP device) are lost or stolen; Information on amendments: in accordance with the Management Board Protocol # 45 dated 07.06.2021, clause 5.48 of the Public Offer was set out in a new wording (the amendments shall come into force from 21.06.2021)
5.48 To immediately notify the Bank in writing of all cases of loss of OTP device. In cases of verbal notification (by phone), the Client shall confirm this information in writing within 1 (one) business day from the date of loss. In this case, the use of the System by any a corresponding User shall be discontinued and the User’s access to the System shall be blocked from the moment of means specified in paragraph 7.1. of this Agreementsuch notification until the Client receives new OTP device from the Bank;
ii5.49 Not to use the services provided by the Bank for illegal purposes, including not to carry out operations/transactions aimed at legalization of proceeds received from criminal activity, financing of terrorism and financing the proliferation of weapons of mass destruction;
5.50 If necessary, at the request of the Bank, the Client undertakes to provide copies of contracts (other documents) strictly comply within 3 (three) business days, confirming the legality and economic feasibility of the transaction carried out using the System in accordance with the requirements of the Regulatory Documents of the CompanyLegislation;
iii) 5.51 To comply with the legal requirements applied to current regulations of the Central Bank of the Republic of Uzbekistan;
5.52 To follow the User's Manual of the System (the text of the User Manual is available in the System);
5.53 In the event of faults in the System, the Client and by no way use contacts the Trade Account for criminal and any other unlawful purposes;
iv) not disclose the data of access codes or other information, in particular, necessary for delivery of the Company’s orders for transactions and transfer of funds to/from the trade account Bank's helpdesk to third parties except as otherwise expressly provided in this Agreement;
v) notify the Company of the fact of funds transfer to the Company’s account made by any methods stipulated in the Company’s rules. The list of methods of funds transfer to the Company’s account is posted on the Company’s official Website: xxxx://xxx.xxxxxxxxx.xxx;
vi) perform other obligations stipulated in this Agreementeliminate them.
3.3. The Company is entitled to:
i) demand that Client provides all the information necessary and sufficient for his proper identification while opening a Trade Account with the Company and for closing of Transactions and/or depositing and withdrawing of the funds;
ii) refuse to execute transactions in case of Client’s failure to provide the information specified in paragraph
Appears in 1 contract
Samples: Remote Banking Servicing Agreement
Rights and Obligations of the Parties. 3.15.1. The Client is Company shall be entitled to:
i1) make transactions using as the trading platform Meta Trader or any other trading platform Loans disbursed under the Program are repaid, demand on a monthly basis, from the Deposit date, an early partial refunding of the Deposit for the amount paid off by the Borrowers (scheduled, early partial /full repayments), but not more than a sum by which the Deposit and Pawn amounts exceeds the Loan debt balance;
2) demand a partial refunding of the Deposit (save for instances stipulated by subparagraph 1) of paragraph 5.1. hereof), provided that the Bank has received a list of Borrowers, whose Loans' terms and conditions are to be changed subject to the provisions of the bank loan agreement and supplementary agreements thereto;
3) according to a procedure set forth hereby, request for and receive a Reconciliation Statement from the Bank;
4) request for and receive the information from the Bank with regards to the Deposit balance;
5) through extrajudicial procedures demand refunding of the amounts, if the money placed by the Company which includes into the processing and transmission of data uploaded Deposit is used otherwise than as stipulated by the Client with the help of PC or any other device connected to the Internet by means chosen by the Client;
ii) contact the Company for obtaining the clarifying information on quotations and for giving orders for transaction closing by telephone;
iii) obtain any information on state of the Trade Account at short notice provided that it is technically possible to transfer such information as of the time of request;
iv) dispose of all funds available on the Trade Account including the right to transfer these funds, considering the existing limitations, to any other Trade Accounts opened with the Company in the name of this Client;
v) open Trade Accounts with the Company in his own name;
vi) deposit funds into his/her Trading Account and withdraw funds from his/her Trading Account in the prescribed by the Regulatory documents manner;
vii) close Trade Accounts with the Company in accordance with the procedure and under the terms stipulated in this Agreement;
viii6) exercise file its request to the Bank for the allocation of the Loans to the Borrowers being employees of the Company or other rights individuals;
7) initiate the termination of the Agreement in cases stipulated in this Agreementby the laws of the Republic of Kazakhstan.
3.25.2. The Client Company shall:
i1) Provide ensure the Company remittance of the money to be deposited with the necessary Bank in an amount and sufficient information for Trade Account opening, making Transactions, depositing and withdrawing of the funds. All the information provided by deadlines set forth by the Client including the information on the Client’s trading experience and other investment and financial skills shall be true, accurate and complete. The Client shall also immediately notify the Company of any changes in this information by any of means specified in paragraph 7.1. of this Deposit Agreement;
ii2) strictly comply with file requests to the requirements Bank for the allocation of the Regulatory Documents Loans to the Borrowers, as well as provide other information related to the Loan allocation as requested by the Bank;
3) ensure that the Deposit amount (including sums placed into the Pawn accounts) covers the Borrowers' Loan debt balance throughout the Loan terms;
4) bear other obligations pursuant to the Program and agreements signed by the Parties hereunder;
5) if any money is withdrawn from the Deposit by the third parties for reasons and according to a procedure set forth by the laws of the CompanyRepublic of Kazakhstan (including, according to the third parties' claims), the Company shall, within up to three (3) business days, replenish the Deposit up to an amount equal to the Borrower's total Loan debt balance;
iii6) comply if a partial refunding of the Deposit is requested, provide the Bank with a list of the legal requirements applied Borrowers, whose Loans' terms and conditions are to be changed subject to the Client provisions of the bank loan agreement and by no way use the Trade Account for criminal and any other unlawful purposessupplementary agreements thereto;
iv7) not disclose pay off the data of access codes Borrower's debt (including fines and penalties) under the loan agreement, against its own funds, provided that such debt still remains following the judicial or other information, in particular, necessary for delivery extrajudicial sale of the Company’s orders for transactions Real Estate and transfer of funds to/from after the trade account to third parties except as otherwise expressly provided in this Agreement;
v) notify the Company Bank has written of the fact of funds transfer Pawn to cover the Company’s account made by any methods stipulated in the Company’s rulesLoan debt.
5.3. The list of methods of funds transfer to the Company’s account is posted on the Company’s official Website: xxxx://xxx.xxxxxxxxx.xxx;
vi) perform other obligations stipulated in this Agreement.
3.3. The Company is Bank shall be entitled to:
i1) demand that Client provides all the information necessary according to procedure set forth hereby, request for and sufficient for his proper identification while opening a Trade Account with receive from the Company the Reconciliation Statement and other information related to the Loan disbursements by the Borrowers;
2) take measures to collect the overdue Loan debt from the Pawn after a foreclosure on the Real Estate is initiated (if the Loan has been granted for closing the purchase of Transactions and/or depositing and withdrawing a residential Real Estate), unless the laws of the fundsRoK stipulate otherwise;
ii3) refuse to execute transactions in case act upon the Company's request for the allocation of Client’s failure a Loan to provide the Borrower, if the Borrower fails to comply with the laws of the RoK and/or internal regulations of the Bank;
4) upon request of third-party institutions, request for and receive from the Company any information specified in paragraphof the Company as required for the implementation of the Agreement.
Appears in 1 contract
Rights and Obligations of the Parties. 3.1. Rights and obligations of the Customer: • The Client Customer is entitled to:
i) make transactions using the trading platform Meta Trader or any other trading platform provided by the Company which includes obliged to ensure that all personal data transferred to Span is collected with appropriate rights in lawful, fair and transparent way and that the processing and transmission of data uploaded by the Client with the help of PC or any other device connected to the Internet by means chosen by the Client;
ii) contact the Company for obtaining the clarifying information on quotations and for giving orders for transaction closing by telephone;
iii) obtain any information on state of the Trade Account at short notice provided that it collected data is technically possible to transfer such information as of the time of request;
iv) dispose of all funds available on the Trade Account including the right to transfer these funds, considering the existing limitations, to any other Trade Accounts opened with the Company in the name of this Client;
v) open Trade Accounts with the Company in his own name;
vi) deposit funds into his/her Trading Account and withdraw funds from his/her Trading Account in the prescribed by the Regulatory documents manner;
vii) close Trade Accounts with the Company in accordance with the procedure GDPR and under national law; • The Customer agrees that he will not upload any content containing personal data to Xxxx.Xxxx when using it, unless such content is necessary for the terms stipulated execution of contractual obligations and as described in this Agreement;
viii) exercise other rights stipulated in this Agreement.
3.2Appendix. The Client shall:
i) Provide • During and after the Company with the necessary and sufficient information for Trade Account opening, making Transactions, depositing and withdrawing expiration of the funds. All Agreement, the information provided by Customer has the Client including the information on the Client’s trading experience right to request from Span to correct, delete, block and other investment and financial skills shall be true, accurate and complete. The Client shall also immediately notify the Company of any changes in this information by any of means specified in paragraph 7.1. of this Agreement;
ii) strictly comply with the requirements of the Regulatory Documents of the Company;
iii) comply with the legal requirements applied to the Client and by no way use the Trade Account for criminal and any other unlawful purposes;
iv) not disclose transfer the data of access codes or other informationthe Customer, all according to the GDPR , and also assure that this information is known and available to the individuals whose personal information Span is processing in particular, necessary for delivery accordance with this Appendix 1; • The Customer may at any time review the processing of the CompanyCustomer's data by Span to ensure that the processing is carried out in accordance with the provisions of this Appendix, the Agreement, GDPR and national law; • The Customer may exercise his rights and instruct individuals whose personal data Span is processing on how to do so according to the Chapter III of the GDPR. Span’s orders rights and obligations: • Process the Customer’s data in a lawful manner and consistent with the original purpose of collecting the Customer’s data, i.e. Span shall not process any personal data in a manner outside the scope and purpose of processing provided for transactions in the Agreement and transfer this Appendix, including, but not limited to, processing data of funds to/from Customers for their own benefit; • Ensure that persons authorised to process personal data have committed themselves to confidentiality or are under appropriate statutory obligation of confidentiality; • Take all measures required pursuant to Article 32 of the trade GDPR; • Respect the conditions referred to in GDPR for engaging another processor; • Take into account the nature of the processing, assist the Customers by appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of the Customer’s obligation to third parties except as otherwise expressly provided respond to requests for exercising the data subject's rights laid down in Chapter III of the GDPR; • Assist the Customers in ensuring compliance with the obligations pursuant to Articles 32 to 36 by taking into account the nature of processing and the information available to the Customers; • At the choice of the Customer, delete or return all personal data to the Customer after the end of the provision of services relating to processing, and delete existing copies, unless Union or Member State law requires storage of personal data; • Make available to the Customer all information necessary to demonstrate compliance with the obligations laid down in this Agreement;
v) notify Appendix and allow for and contribute to audits, including inspections, conducted by the Company Customer or another auditor mandated by the Customer; • Span shall not engage a data processor without prior specific or general written authorisation of the fact Customer. In the case of funds transfer general written authorisation, Xxxx shall inform the Customer of any intended changes concerning the addition or replacement of processors, thereby giving the Customer the opportunity to object to such changes. For the Company’s account made by any methods stipulated in the Company’s rules. The list of methods of funds transfer to the Company’s account is posted on the Company’s official Website: xxxx://xxx.xxxxxxxxx.xxx;
vi) perform other obligations stipulated in this Agreement.
3.3. The Company is entitled to:
i) demand that Client provides all the information necessary and sufficient for his proper identification while opening a Trade Account with the Company and for closing of Transactions and/or depositing and withdrawing purpose of the funds;
ii) refuse execution of the Agreement and this Appendix, the Customer establishes that Span has the general written authorisation and right to execute transactions engage/use processors stated in case of Client’s failure to provide the information specified in paragraphData Processors section for all data processing.
Appears in 1 contract
Samples: Terms and Conditions
Rights and Obligations of the Parties. 3.1. The Client is entitled toBank shall be entitled:
i5.1 Temporarily suspend (for the term not exceeding 1 (one) make month) or refuse to provide access to the System in case of detection of suspicious transactions using carried out via the trading platform Meta Trader or any other trading platform provided by System in accordance with the Company which includes rules of Internal Control on countering the processing legalization of proceeds received from criminal activity, financing of terrorism and transmission financing the proliferation of data uploaded by weapons of mass destruction in commercial banks, until the Client provides a written explanation of the legality of the transactions performed. In the event the Client fails to provide a written explanation of the legality of the transactions performed, the Bank shall be entitled to unilaterally terminate this Agreement with the help of PC or any other device connected to the Internet by means chosen by the Client;
ii5.2 If the event of doubts about suspicious transactions via the System, the Bank shall be entitled to inspect the Client/the User at place (postal address) contact or the Company Client’s address indicated in the Bank's documents, including inspecting the transactions process directly by a person authorized in accordance with this Agreement;
5.3 To determine and change independently the forms, the terms, the set of transactions, services and functions included in the System, the possibility for obtaining the clarifying information Client to access a certain form/function of the System as well as to set/change the general limits on quotations transactions in the System;
5.4 In order to protect the Client's funds, the Bank is entitled to request from the Client an additional EPD confirmation (Call-Back Authorization) if the amount of one EPD exceeds the threshold value set by the Bank in accordance with clause 4.12 of this Agreement;
5.5 If in the process of the Call-Back Authorization the Bank has failed to reach the Client's Contact Person at the phone numbers listed in the form of Appendix 2 hereto or if the Bank suspects an attempt to commit fraud with the Client's funds, the Bank shall be entitled to suspend/defer execution of the EPD until additional confirmation from the Client is received as specified by the Bank’s internal procedure and for giving orders for transaction closing by telephonea period not exceeding the current business day;
iii5.6 To request the Client to provide information (Call-Back Contact Details) obtain any information on state for execution of additional confirmation of the Trade Account at short notice EPD over the phone as provided that it is technically possible for in Appendix 2 hereto, necessary for the Bank to transfer such information as perform Call-Back Authorization of the time of requestClient's EPD in foreign currency;
iv) dispose 5.7 To request the Client to submit documents confirming the legality and economic feasibility of all funds available on the Trade Account including the right to transfer these funds, considering the existing limitations, to any other Trade Accounts opened with the Company transactions being carried out in the name of this Client;
v) open Trade Accounts with the Company in his own name;
vi) deposit funds into his/her Trading Account and withdraw funds from his/her Trading Account in the prescribed cases provided for by the Regulatory documents manner;
vii) close Trade Accounts with the Company current Legislation; Information on amendments: in accordance with the procedure Management Board Xxxxxxxx # 00 dated 07.06.2021, paragraph 3 of clause 5.8 of the Public Offer was set out in a new wording (the amendment shall come into force from 21.06.2021) Information on amendments: in accordance with the Management Board Protocol #IMG/LGD/HO/22/42 dated 25.05.2022, paragraph 3 of clause 5.8 of the Public Offer was supplemented by sub-item 5 (the amendment shall come into force from 01.06.2022)
5.8 To refuse to execute an EPD in the event of: - incomplete / inaccurate indication by the Client of the details of the transaction to be performed; - non-conformity of the transaction being executed to the established time limit; - non-compliance of the transaction being executed with the Legislation including the Legislation on countering the legalization of proceeds received from criminal activity, financing of terrorism and financing the proliferation of weapons of mass destruction in commercial banks; - insufficiency of funds on the Client’s account(s) for execution of the transaction and/or for payment of the Bank's commission for the transaction being performed; - insufficiency of funds on the Client’s transit account for the execution of the payroll during the business day to replenish corporate plastic cards or cards of individuals (salary project) without notifying the Client. At the same time, the Bank shall be entitled to unilaterally delete an unexecuted payroll; - in other cases stipulated by the Legislation;
5.9 In accordance with the Bank Tariffs and on the basis of the Client's Application, the Bank shall be entitled to debit the commission amounts for providing banking services without authorization (without the Client's consent) at the time of the transaction execution via the System. The Bank shall also be entitled to correct erroneously credited amounts without authorization (without the Client's consent) in cases when the fact of erroneous crediting of funds to the Client's account(s) is detected or in other cases stipulated by the Legislation;
5.10 To change the terms of this Agreement and the Bank Tariffs for Internet Banking service with prior notification of the Client 10 (ten) calendar days before the effective date of amendments and additions by posting the information on the Bank’s official website, by posting a notification in the System and on information boards in the Bank’s premises;
5.11 To block the Client’s Login and Password if it is suspected that they have been compromised as well as in cases specified in Section 5 of the Remote Banking Servicing Rules (Appendix 3 to this Agreement);
5.12 To suspend the exchange of ED/EPD with the Client in the event of technical failures or other circumstances, including changes in the Legislation which make it impossible or undesirable to exchange ED/EPD from the security point of view;
5.13 Not to accept for execution an ED/EPD in which mistakes have been made or the execution of which contradicts the current Legislation. In such cases the Bank shall be obliged to inform the Client within one day from the date of receipt of the ED/EPD;
5.14 Exercise other rights stipulated by the Legislation, this Agreement, the Appendices to this Agreement as well as other agreements concluded between the Bank and the Client;
5.15 To unilaterally terminate this Agreement if the Client breaches the terms of this Agreement, as well as in cases provided for by the Legislation.
5.16 To use the System in the manner and under the terms stipulated provided for in this Agreement;
viii5.17 To carry out transactions using the System and use other services of the Bank in accordance with this Agreement and Appendices hereto;
5.18 To request the Bank to block access credentials of the User(s) (Login, Password) if unauthorized access or attempted unauthorized access to the System is detected;
5.19 When necessary, the Client shall be entitled to receive paper confirmation (certified copies) of execution payment instructions carried out through the System and account(s) statements for the required period; Information on amendments: in accordance with the Management Board Xxxxxxxx # 00 dated 07.06.2021, clause 5.20 of the Public Offer was set out in a new wording (the amendments shall come into force from 21.06.2021)
5.20 To set limits for a single transaction on the basis of a separate written request; Information on amendments: in accordance with the Management Board Xxxxxxxx # 00 dated 07.06.2021, Section 5 of the Public Offer was supplemented by clauses 5.20.1 and 5.20.2 (the amendments shall come into force from 21.06.2021)
5.20.1 To change the threshold value of the amount of a single EPD in foreign currency determined in the Bank in accordance with clause 4.13 hereof and applied by the Bank for Call-Back Authorization (on the basis of a separate written request);
5.20.2 To suspend the use of the System for an extended period not exceeding 3 (three) consecutive months within 12 consecutive months (on the basis of a separate written request). During the entire period, this Agreement shall not be terminated and the monthly fee shall not be charged; however, the Client shall be entitled to use the System only at the “View” level. Herewith, if the period starts after the 15th day of the current month, the monthly fee for the current month shall be charged in full. If the period starts before the 15th day of the month (inclusive), the monthly fee for the current month shall be charged at the end of the last month of the period specified in the Client’s written request.
5.21 To change the User’s access credentials to the System;
5.22 To exercise other rights stipulated in accordance with this Agreement, Appendices to this Agreement, as well as other agreements concluded between the Bank and the Client. Information on amendments: in accordance with the Management Board Xxxxxxxx # 00 dated 07.06.2021, Section 5 of the Public Offer was supplemented by clause 5.22.1 (the amendments shall come into force from 21.06.2021)
5.22.1 If the Bank fails to comply with the deadlines set by the Legislation for debiting the Client’s account or crediting the funds owed to the Client, the Client may demand that the Bank pay a penalty amounting to 0.1% of the overdue payment for each day of delay, but not more than 10% of the overdue payment amount.
5.23 To register the User in the System in accordance with the Application;
5.24 To provide remote banking services to the Client in the System within the scope of available services and functions in accordance with the Client’s Application and in accordance with the terms provided for in this Agreement;
5.25 To maintain banking secrecy in respect to the Client’s account transactions and to provide information on them only in the cases stipulated by the Legislation;
5.26 To suspend operations on the Client's account(s) upon written notification of the Client about the loss of access credentials (Login, Password, OTP device) or about unauthorized access to them by unauthorized persons;
5.27 To immediately block the User’s/Users’ account(s) upon the corresponding Client’s written request;
5.28 To accept for execution the Client's ED/EPD executed in accordance with the terms of this Agreement and transmitted via the System;
5.29 To inform the Client in the event of refusal/failure to execute transactions and/or process an ED/EPD received from the Client via the System;
5.30 If the OTP device fails within 1 (one) year from the date of conclusion of this Agreement, the Bank undertakes to replace the OTP device with a new OTP device once at free of charge upon the Client's written request to Bank;
5.31 To provide technical support to the Client over the phone and advice the Client on the correct use of the System;
5.32 To take all necessary and sufficient measures to ensure the normal and uninterrupted functioning of the System as well we to ensure proper maintenance of the System in accordance with the obligations assumed by the Bank under this Agreement;
5.33 To fulfill other obligations stipulated by the Legislation, this Agreement, including the Remote Banking Servicing Rules (Appendix 3 to this Agreement) as well as other agreements concluded between the Bank and the Client.
3.25.34 To ensure the Client has software and hardware that enable the Client to access the Internet securely;
5.35 To pay a fee for the OTP device, a monthly fee for the use of the System in accordance with the Bank Tariffs;
5.36 To comply with the ED/EPD preparation requirements stipulated by the current Legislation and instructions of the Bank;
5.37 To send to the Bank clearly formulated ED/EPD that does not contain information that could be misinterpreted;
5.38 To check the ED/EPD execution status in the System immediately after authorizing the ED/EPD by the Client. The Client shall:shall notify the Bank of any errors, duplications, discrepancies or omissions within the same business day of sending the ED/EPD;
i5.39 To verify all information and data transmitted or communicated from the Bank through the System within 3 (three) Provide business days after the Company information and data being received. The Client shall notify the Bank of any errors, discrepancies or omissions within 3 (three) business days after the information or data being transmitted. If no complaints are received from the Client within 3 (three) days, the information and data transmitted to/from the Client shall be deemed to be correct, accurate and complete;
5.40 To comply with and be guided by the Remote Banking Servicing Rules as set out in Appendix 3 to this Agreement;
5.41 To notify the Bank of all changes, including the dismissal and/or change of Users authorized to work in the System in order to block their access to the System by submitting a written or ED request to the Bank regarding the changes no later than the next business day following the introduction of such changes;
5.42 To notify the Bank of all changes, including dismissal and/or change of the Client's Contact Persons specified in Appendix 2 to this Agreement, who are authorized to confirm the Client's EPD in foreign currency received by the Bank through the System (Call-Back Authorization) no later than the next business day following the introduction of such changes;
5.43 In case of replacement or appointment of new Users admitted to work with the necessary and sufficient information System, the Client undertakes to submit a corresponding Application for Trade Account opening, making Transactions, depositing and withdrawing User registration in the System as well as the documents confirming powers/User access rights of the funds. All the information provided by specified persons and their identity;
5.44 When transmitting ED/EPDs, the Client including the undertakes to use information processing, storage and protection systems only on the Client’s trading experience personal computer and other investment devices that are in good working order and financial skills shall have been checked for the absence of computer viruses;
5.45 Not to transfer the User’s access credentials (Login, Password) and OTP device to third parties and not to grant access to the System to third parties, except for the Client’s employees, who have access to the System in accordance with their official duties fixed by respective internal order;
5.46 Ensure the confidentiality of access credentials (Login, Password) and the security of the OTP device (not to be true, accurate and complete. The Client shall also passed on to third parties);
5.47 To immediately notify the Company Bank if unauthorized access or attempts of any changes unauthorized access to the System is detected as well as if the Client's access credentials (Login, Password, OTP device) are lost or stolen; Information on amendments: in accordance with the Management Board Xxxxxxxx # 00 dated 07.06.2021, clause 5.48 of the Public Offer was set out in a new wording (the amendments shall come into force from 21.06.2021)
5.48 To immediately notify the Bank in writing of all cases of loss of OTP device. In cases of verbal notification (by phone), the Client shall confirm this information in writing within 1 (one) business day from the date of loss. In this case, the use of the System by any a corresponding User shall be discontinued and the User’s access to the System shall be blocked from the moment of means specified in paragraph 7.1. of this Agreementsuch notification until the Client receives new OTP device from the Bank;
ii5.49 Not to use the services provided by the Bank for illegal purposes, including not to carry out operations/transactions aimed at legalization of proceeds received from criminal activity, financing of terrorism and financing the proliferation of weapons of mass destruction;
5.50 If necessary, at the request of the Bank, the Client undertakes to provide copies of contracts (other documents) strictly comply within 3 (three) business days, confirming the legality and economic feasibility of the transaction carried out using the System in accordance with the requirements of the Regulatory Documents of the CompanyLegislation;
iii) 5.51 To comply with the legal requirements applied to current regulations of the Central Bank of the Republic of Uzbekistan;
5.52 To follow the User's Manual of the System (the text of the User Manual is available in the System);
5.53 In the event of faults in the System, the Client and by no way use contacts the Trade Account for criminal and any other unlawful purposes;
iv) not disclose the data of access codes or other information, in particular, necessary for delivery of the Company’s orders for transactions and transfer of funds to/from the trade account Bank's helpdesk to third parties except as otherwise expressly provided in this Agreement;
v) notify the Company of the fact of funds transfer to the Company’s account made by any methods stipulated in the Company’s rules. The list of methods of funds transfer to the Company’s account is posted on the Company’s official Website: xxxx://xxx.xxxxxxxxx.xxx;
vi) perform other obligations stipulated in this Agreementeliminate them.
3.3. The Company is entitled to:
i) demand that Client provides all the information necessary and sufficient for his proper identification while opening a Trade Account with the Company and for closing of Transactions and/or depositing and withdrawing of the funds;
ii) refuse to execute transactions in case of Client’s failure to provide the information specified in paragraph
Appears in 1 contract
Samples: Remote Banking Servicing Agreement
Rights and Obligations of the Parties. 3.17.1. Rights of the Issuing Bank:
7.1.1. refuse to conduct operations in the following cases: • when the Unidentified Client tries to conduct an Operation, available only to the Identified Client; • if the balance is insufficient to conduct the Operation and pay the commission of the Issuing Bank provided for by the Rates; • if the Client made a mistake in payment and/or other details; • if the Client failed to provide or provided an incomplete set of documents (details) necessary for the Issuing Bank to conduct the Operation; • if the Client failed to provide or provided an incomplete set of documents (details) necessary to collect information required based on the legislation on combating the financing of terrorism and legalization (laundering) of proceeds from crime; • if the Operation contradicts the legislation of the Kyrgyz Republic and the terms of this Agreement; • in other cases provided for in this Agreement, internal documents of the Issuing Bank and the legislation of the Kyrgyz Republic.
7.1.2. suspend the payment of Commissions to the Agents and other legal entities/ individuals for the services rendered until the latter provide information on the validity of the payment of Commissions in connection with the Operations performed in the ELSOM system;
7.1.3. refuse to register the Client, if the Client failed to complete or did not properly complete the registration procedure;
7.1.4. in the cases provided for by this Agreement and/or the legislation of the Kyrgyz Republic, as well as in the cases when, in the opinion of the Issuing Bank, there is a need to block the Electronic Wallet, block all or part of the Operations carried out with the Electronic Wallet. The Client is entitled to:Electronic Wallet shall be blocked until the reasons for such blocking are eliminated;
i) make transactions using the trading platform Meta Trader or any other trading platform provided by the Company which includes the processing 7.1.5. request additional information and transmission of data uploaded by documents from the Client on monetary operations, including the confirmation of the source of funds on the Electronic Wallet, the basis for the Operations, as well as information and documents enabling to establish beneficiaries, in accordance with the help legislation of PC or any other device connected the Kyrgyz Republic;
7.1.6. make corrections in the records of the Operations in the event of disruptions in the Issuing Bank’s database, as well as take all the necessary actions to restore information about the Internet by means chosen Operations performed by the Client;
ii7.1.7. unilaterally establish and change (increase, decrease) contact the Company for obtaining limits applicable to the clarifying Operations with the Electronic Wallet. The information about such changes is posted on quotations and for giving orders for transaction closing the Elsom Website. The changes come into force when they are posted on the Elsom Website, unless otherwise stipulated by telephonethe Issuing Bank;
iii) obtain any information on state 7.1.8. modify the interfaces and software used in the interaction of the Trade Account at short notice provided that it is technically possible to transfer such information as of the time of request;
iv) dispose of all funds available on the Trade Account including the right to transfer these funds, considering the existing limitations, to any other Trade Accounts opened with the Company in the name of this Client;
v) open Trade Accounts with the Company in his own name;
vi) deposit funds into his/her Trading Account and withdraw funds from his/her Trading Account in the prescribed by the Regulatory documents manner;
vii) close Trade Accounts with the Company in accordance with the procedure and Parties under the terms stipulated in this Agreement;
viii) exercise other rights stipulated 7.1.9. if significant malfunctions, errors and disruptions are detected, as well as in order to carry out maintenance and prevent unauthorized access, suspend the operation of software and/or hardware that ensure the technical interaction of the Parties under this Agreement.;
3.27.1.10. The at any time, prohibit previously authorized automatic access to the Electronic Wallet, as well as cease to accept any information generated automatically;
7.1.11. demand from the Client shall:– an individual who uses a personalized Electronic Wallet and is under the legal age – a written consent of their legal representative in the form established by the Issuing Bank for the Client to use the Wallet provided by the Issuing Bank and to transfer electronic money. Such written consent should be personally submitted by the Client’s legal representative to any of the Issuing Bank’s offices (Agents), subject to the presentation of their identity document and the original document confirming the status of the legal representative in relation to such Client;
i) Provide 7.1.12. provide information on whether the Company Client has the identified or unidentified status, the status of Resident /Non-Resident of the Kyrgyz Republic to other Clients;
7.1.13. with a view to fulfill the Agreement and ensure the Operations security, collect, store, process by any means, and, if necessary, transfer to third parties, the data on the configuration and other characteristics of the software and hardware used by the Client to access the Electronic Wallet, as well as any other data that are automatically transferred by the Issuing Bank in the course of its interaction with the necessary Client’s software and sufficient information hardware;
7.1.14. for Trade Account openingthe purpose of fulfilling the Agreement, making Transactions, depositing and withdrawing process in any way any personal data of the funds. All the information Client provided by the Client including personally or through third parties upon Agreement conclusion or during its period;
7.1.15. not consider the information on complaint submitted by the Client in connection with an Operation 10 (ten) calendar days after the date of its execution.
7.1.16. The Issuing Bank shall not be responsible for fraudulent actions of third parties, if the access details to the user account or to mobile application are disclosed to third parties through the Client’s trading experience and other investment and financial skills fault or negligence.
7.1.17. If the mobile phone number previously registered in the Elsom system has been deactivated or canceled by the mobile operator, the Issuing Bank shall be true, accurate entitled to unilaterally close the relevant Wallet and completetransfer the cash balances from the Electronic Wallet to a special account with the bank. The Client shall also immediately notify may claim the Company of any changes in this information by any of means specified in paragraph 7.1amount belonging to them less the Commission upon written request.
7.1.18. of this Agreement;
ii) strictly comply If no financial operations have been executed with the requirements Electronic Wallet for one calendar year and there are no funds on it, the Issuing Bank reserves the right to unilaterally close the respective Wallet. The Issuing Bank may establish a Commission for annual service in the absence of financial operations during the Regulatory Documents of calendar year. The Commission amount shall be established by the Company;Issuing Bank and published on the official Elsom website.
iii) comply with 7.1.19. If the legal requirements applied to the Client and by no way use the Trade Account for criminal and any other unlawful purposes;
iv) not disclose the data of access codes or other information, in particular, necessary for delivery of the Company’s orders for transactions and transfer of funds to/from the trade account to third parties except as otherwise expressly provided in this Agreement;
v) notify the Company of Issuing Bank has established the fact of funds transfer questionable financial operations with the Electronic Wallets of the Unidentified Clients, the Issuing Bank reserves the right to unilaterally and without notice take the necessary measures, including blocking the wallet, canceling any questionable operations with it, and return the money to the Company’s account made by any methods stipulated in the Company’s rules. The list of methods of funds transfer to the Company’s account is posted on the Company’s official Website: xxxx://xxx.xxxxxxxxx.xxx;
vi) perform other obligations stipulated in this Agreement.
3.3. The Company is entitled to:
i) demand that Client provides all the information necessary and sufficient for his proper identification while opening a Trade Account with the Company and for closing of Transactions and/or depositing and withdrawing original owner of the funds;
ii) refuse , as well as to execute transactions in case of Client’s failure to provide close the information specified in paragraphrelevant Wallet based on investigation findings.
Appears in 1 contract
Samples: Electronic Wallet Service Agreement
Rights and Obligations of the Parties. 3.1. The Client is entitled toBank shall be entitled:
i5.1 Temporarily suspend (for the term not exceeding 1 (one) make month) or refuse to provide access to the System in case of detection of suspicious transactions using carried out via the trading platform Meta Trader or any other trading platform provided by System in accordance with the Company which includes rules of Internal Control on countering the processing legalization of proceeds received from criminal activity, financing of terrorism and transmission financing the proliferation of data uploaded by weapons of mass destruction in commercial banks, until the Client provides a written explanation of the legality of the transactions performed. In the event the Client fails to provide a written explanation of the legality of the transactions performed, the Bank shall be entitled to unilaterally terminate this Agreement with the help of PC or any other device connected to the Internet by means chosen by the Client;
ii5.2 If the event of doubts about suspicious transactions via the System, the Bank shall be entitled to inspect the Client/the User at place (postal address) contact or the Company Client’s address indicated in the Bank's documents, including inspecting the transactions process directly by a person authorized in accordance with this Agreement;
5.3 To determine and change independently the forms, the terms, the set of transactions, services and functions included in the System, the possibility for obtaining the clarifying information Client to access a certain form/function of the System as well as to set/change the general limits on quotations transactions in the System;
5.4 In order to protect the Client's funds, the Bank is entitled to request from the Client an additional EPD confirmation (Call-Back Authorization) if the amount of one EPD exceeds the threshold value set by the Bank in accordance with clause 4.12 of this Agreement;
5.5 If in the process of the Call-Back Authorization the Bank has failed to reach the Client's Contact Person at the phone numbers listed in the form of Appendix 2 hereto or if the Bank suspects an attempt to commit fraud with the Client's funds, the Bank shall be entitled to suspend/defer execution of the EPD until additional confirmation from the Client is received as specified by the Bank’s internal procedure and for giving orders for transaction closing by telephonea period not exceeding the current business day;
iii5.6 To request the Client to provide information (Call-Back Contact Details) obtain any information on state for execution of additional confirmation of the Trade Account at short notice EPD over the phone as provided that it is technically possible for in Appendix 2 hereto, necessary for the Bank to transfer such information as perform Call-Back Authorization of the time of requestClient's EPD in foreign currency;
iv) dispose 5.7 To request the Client to submit documents confirming the legality and economic feasibility of all funds available on the Trade Account including the right to transfer these funds, considering the existing limitations, to any other Trade Accounts opened with the Company transactions being carried out in the name of this Client;
v) open Trade Accounts with the Company in his own name;
vi) deposit funds into his/her Trading Account and withdraw funds from his/her Trading Account in the prescribed cases provided for by the Regulatory documents manner;
vii) close Trade Accounts with the Company current Legislation; Information on amendments: in accordance with the procedure Management Board Protocol # 45 dated 07.06.2021, paragraph 3 of clause 5.8 of the Public Offer was set out in a new wording (the amendment shall come into force from 21.06.2021) Information on amendments: in accordance with the Management Board Protocol #IMG/LGD/HO/22/42 dated 25.05.2022, paragraph 3 of clause 5.8 of the Public Offer was supplemented by sub-item 5 (the amendment shall come into force from 01.06.2022)
5.8 To refuse to execute an EPD in the event of: - incomplete / inaccurate indication by the Client of the details of the transaction to be performed; - non-conformity of the transaction being executed to the established time limit; - non-compliance of the transaction being executed with the Legislation including the Legislation on countering the legalization of proceeds received from criminal activity, financing of terrorism and financing the proliferation of weapons of mass destruction in commercial banks; - insufficiency of funds on the Client’s account(s) for execution of the transaction and/or for payment of the Bank's commission for the transaction being performed; - insufficiency of funds on the Client’s transit account for the execution of the payroll during the business day to replenish corporate plastic cards or cards of individuals (salary project) without notifying the Client. At the same time, the Bank shall be entitled to unilaterally delete an unexecuted payroll; - in other cases, stipulated by the Legislation;
5.9 In accordance with the Bank Tariffs and on the basis of the Client's Application, the Bank shall be entitled to debit the commission amounts for providing banking services without authorization (without the Client's consent) at the time of the transaction execution via the System. The Bank shall also be entitled to correct erroneously credited amounts without authorization (without the Client's consent) in cases when the fact of erroneous crediting of funds to the Client's account(s) is detected or in other cases stipulated by the Legislation;
5.10 To change the terms of this Agreement and the Bank Tariffs for Internet Banking service with prior notification of the Client 10 (ten) calendar days before the effective date of amendments and additions by posting the information on the Bank’s official website, by posting a notification in the System and on information boards in the Bank’s premises;
5.11 To block the Client’s Login and Password if it is suspected that they have been compromised as well as in cases specified in Section 5 of the Remote Banking Servicing Rules (Appendix 3 to this Agreement);
5.12 To suspend the exchange of ED/EPD with the Client in the event of technical failures or other circumstances, including changes in the Legislation which make it impossible or undesirable to exchange ED/EPD from the security point of view;
5.13 Not to accept for execution an ED/EPD in which mistakes have been made or the execution of which contradicts the current Legislation. In such cases the Bank shall be obliged to inform the Client within one day from the date of receipt of the ED/EPD;
5.14 Exercise other rights stipulated by the Legislation, this Agreement, the Appendices to this Agreement as well as other agreements concluded between the Bank and the Client;
5.15 To unilaterally terminate this Agreement if the Client breaches the terms of this Agreement, as well as in cases provided for by the Legislation.
5.16 To use the System in the manner and under the terms stipulated provided for in this Agreement;
viii5.17 To carry out transactions using the System and use other services of the Bank in accordance with this Agreement and Appendices hereto;
5.18 To request the Bank to block access credentials of the User(s) (Login, Password) if unauthorized access or attempted unauthorized access to the System is detected;
5.19 When necessary, the Client shall be entitled to receive paper confirmation (certified copies) of execution payment instructions carried out through the System and account(s) statements for the required period; Information on amendments: in accordance with the Management Board Protocol # 45 dated 07.06.2021, clause 5.20 of the Public Offer was set out in a new wording (the amendments shall come into force from 21.06.2021)
5.20 To set limits for a single transaction on the basis of a separate written request; Information on amendments: in accordance with the Management Board Protocol # 45 dated 07.06.2021, Section 5 of the Public Offer was supplemented by clauses 5.20.1 and 5.20.2 (the amendments shall come into force from 21.06.2021)
5.20.1 To change the threshold value of the amount of a single EPD in foreign currency determined in the Bank in accordance with clause 4.13 hereof and applied by the Bank for Call-Back Authorization (on the basis of a separate written request);
5.20.2 To suspend the use of the System for an extended period not exceeding 3 (three) consecutive months within 12 consecutive months (on the basis of a separate written request). During the entire period, this Agreement shall not be terminated and the monthly fee shall not be charged; however, the Client shall be entitled to use the System only at the “View” level. Herewith, if the period starts after the 15th day of the current month, the monthly fee for the current month shall be charged in full. If the period starts before the 15th day of the month (inclusive), the monthly fee for the current month shall be charged at the end of the last month of the period specified in the Client’s written request.
5.21 To change the User’s access credentials to the System;
5.22 To exercise other rights stipulated in accordance with this Agreement, Appendices to this Agreement, as well as other agreements concluded between the Bank and the Client. Information on amendments: in accordance with the Management Board Protocol # 45 dated 07.06.2021, Section 5 of the Public Offer was supplemented by clause 5.22.1 (the amendments shall come into force from 21.06.2021)
5.22.1 If the Bank fails to comply with the deadlines set by the Legislation for debiting the Client’s account or crediting the funds owed to the Client, the Client may demand that the Bank pay a penalty amounting to 0.1% of the overdue payment for each day of delay, but not more than 10% of the overdue payment amount.
5.23 To register the User in the System in accordance with the Application;
5.24 To provide remote banking services to the Client in the System within the scope of available services and functions in accordance with the Client’s Application and in accordance with the terms provided for in this Agreement;
5.25 To maintain banking secrecy in respect to the Client’s account transactions and to provide information on them only in the cases stipulated by the Legislation;
5.26 To suspend operations on the Client's account(s) upon written notification of the Client about the loss of access credentials (Login, Password, Token) or about unauthorized access to them by unauthorized persons;
5.27 To immediately block the User’s/Users’ account(s) upon the corresponding Client’s written request;
5.28 To accept for execution the Client's ED/EPD executed in accordance with the terms of this Agreement and transmitted via the System;
5.29 To inform the Client in the event of refusal/failure to execute transactions and/or process an ED/EPD received from the Client via the System;
5.30 If a Token fails within 1 (one) year from the date of conclusion of this Agreement, the Bank undertakes to replace the Token with a new devise once at free of charge upon the Client's written request to Bank;
5.31 To provide technical support to the Client over the phone and advice the Client on the correct use of the System;
5.32 To take all necessary and sufficient measures to ensure the normal and uninterrupted functioning of the System as well we to ensure proper maintenance of the System in accordance with the obligations assumed by the Bank under this Agreement;
5.33 To fulfill other obligations stipulated by the Legislation, this Agreement, including the Remote Banking Servicing Rules (Appendix 3 to this Agreement) as well as other agreements concluded between the Bank and the Client.
3.25.34 To ensure the Client has software and hardware that enable the Client to access the Internet securely;
5.35 To pay a fee for the Token, a monthly fee for the use of the System in accordance with the Bank Tariffs;
5.36 To comply with the ED/EPD preparation requirements stipulated by the current Legislation and instructions of the Bank;
5.37 To send to the Bank clearly formulated ED/EPD that does not contain information that could be misinterpreted;
5.38 To check the ED/EPD execution status in the System immediately after authorizing the ED/EPD by the Client. The Client shall:shall notify the Bank of any errors, duplications, discrepancies or omissions within the same business day of sending the ED/EPD;
i5.39 To verify all information and data transmitted or communicated from the Bank through the System within 3 (three) Provide business days after the Company information and data being received. The Client shall notify the Bank of any errors, discrepancies or omissions within 3 (three) business days after the information or data being transmitted. If no complaints are received from the Client within 3 (three) days, the information and data transmitted to/from the Client shall be deemed to be correct, accurate and complete;
5.40 To comply with and be guided by the Remote Banking Servicing Rules as set out in Appendix 3 to this Agreement;
5.41 To notify the Bank of all changes, including the dismissal and/or change of Users authorized to work in the System in order to block their access to the System by submitting a written or ED request to the Bank regarding the changes no later than the next business day following the introduction of such changes;
5.42 To notify the Bank of all changes, including dismissal and/or change of the Client's Contact Persons specified in Appendix 2 to this Agreement, who are authorized to confirm the Client's EPD in foreign currency received by the Bank through the System (Call-Back Authorization) no later than the next business day following the introduction of such changes;
5.43 In case of replacement or appointment of new Users admitted to work with the necessary and sufficient information System, the Client undertakes to submit a corresponding Application for Trade Account opening, making Transactions, depositing and withdrawing User registration in the System as well as the documents confirming powers/User access rights of the funds. All the information provided by specified persons and their identity;
5.44 When transmitting ED/EPDs, the Client including the undertakes to use information processing, storage and protection systems only on the Client’s trading experience personal computer and other investment devices that are in good working order and financial skills shall have been checked for the absence of computer viruses;
5.45 Not to transfer the User’s access credentials (Login, Password) and the User’s Token to third parties and not to grant access to the System to third parties, except for the Client’s employees, who have access to the System in accordance with their official duties fixed by respective internal order;
5.46 Ensure the confidentiality of the User’s access credentials (Login, Password) and the security of the Token (not to be true, accurate and complete. The Client shall also passed on to third parties);
5.47 To immediately notify the Company Bank if unauthorized access or attempts of unauthorized access to the System is detected as well as if the Client's access credentials (Login, Password, Token) are lost or stolen; Information on amendments: in accordance with the Management Board Protocol # 45 dated 07.06.2021, clause 5.48 of the Public Offer was set out in a new wording (the amendments shall come into force from 21.06.2021)
5.48 To notify the Bank in writing immediately of any changes cases of Token loss. In cases of verbal notification (by phone), the Client shall confirm this in writing within 1 (one) business day from the date of loss. In this information case, the use of the System by any a corresponding User shall be discontinued and the User’s access to the System shall be blocked from the moment of means specified in paragraph 7.1. of this Agreementsuch notification until the Client receives a new Token from the Bank;
ii5.49 Not to use the services provided by the Bank for illegal purposes, including not to carry out operations/transactions aimed at legalization of proceeds received from criminal activity, financing of terrorism and financing the proliferation of weapons of mass destruction;
5.50 If necessary, at the request of the Bank, the Client undertakes to provide copies of contracts (other documents) strictly comply within 3 (three) business days, confirming the legality and economic feasibility of the transaction carried out using the System in accordance with the requirements of the Regulatory Documents of the CompanyLegislation;
iii) 5.51 To comply with the legal requirements applied to current regulations of the Central Bank of the Republic of Uzbekistan;
5.52 To follow the User's Manual of the System (the text of the User Manual is available in the System);
5.53 In the event of faults in the System, the Client and by no way use contacts the Trade Account for criminal and any other unlawful purposes;
iv) not disclose the data of access codes or other information, in particular, necessary for delivery of the Company’s orders for transactions and transfer of funds to/from the trade account Bank's helpdesk to third parties except as otherwise expressly provided in this Agreement;
v) notify the Company of the fact of funds transfer to the Company’s account made by any methods stipulated in the Company’s rules. The list of methods of funds transfer to the Company’s account is posted on the Company’s official Website: xxxx://xxx.xxxxxxxxx.xxx;
vi) perform other obligations stipulated in this Agreementeliminate them.
3.3. The Company is entitled to:
i) demand that Client provides all the information necessary and sufficient for his proper identification while opening a Trade Account with the Company and for closing of Transactions and/or depositing and withdrawing of the funds;
ii) refuse to execute transactions in case of Client’s failure to provide the information specified in paragraph
Appears in 1 contract
Samples: Internet Banking Remote Banking Servicing Agreement
Rights and Obligations of the Parties. 3.1. The Client is entitled to:
i) make transactions using the trading platform Meta Trader or any other trading platform provided by the Company which includes the processing and transmission of data uploaded by the Client with the help of PC or any other device connected to the Internet by means chosen by the Client;
ii) contact the Company for obtaining the clarifying information on quotations and for giving orders for transaction closing by telephone;
iii) obtain any information on state of the Trade Account at short notice provided that it is technically possible to transfer such information as of the time of request;
iv) dispose of all funds available on the Trade Account including the right to transfer these funds, considering the existing limitations, to any other Trade Accounts opened with the Company in the name of this Client;
v) open Trade Accounts with the Company in his own name;
vi) deposit funds into his/her Trading Account and withdraw funds from his/her Trading Account in the prescribed by the Regulatory documents manner;
vii) close Trade Accounts with the Company in accordance with the procedure and under the terms stipulated in this Agreement;
viii) exercise other rights stipulated in this Agreement.
3.2. The Client shall:
i) Provide the Company with the necessary and sufficient information for Trade Account opening, making Transactions, depositing and withdrawing of the funds. All the information provided by the Client including the information on the Client’s trading experience and other investment and financial skills shall be true, accurate and complete. The Client shall also immediately notify the Company of any changes in this information by any of means specified in paragraph 7.1. of this Agreement;
ii) strictly comply with the requirements of the Regulatory Documents of the Company;
iii) comply with the legal requirements applied to the Client and by no way use the Trade Account for criminal and any other unlawful purposes;
iv) not disclose the data of access codes or other information, in particular, necessary for delivery of the Company’s orders for transactions and transfer of funds to/from the trade account to third parties except as otherwise expressly provided in this Agreement;
v) notify the Company of the fact of funds transfer to the Company’s account made by any methods stipulated in the Company’s rules. The list of methods of funds transfer to the Company’s account is posted on the Company’s official Website: xxxx://xxx.xxxxxxxxx.xxxxxxx://xxx.xxxxxxxxxxx.xxx;
vi) perform other obligations stipulated in this Agreement.
3.3. The Company is entitled to:
i) demand that Client provides all the information necessary and sufficient for his proper identification while opening a Trade Account with the Company and for closing of Transactions and/or depositing and withdrawing of the funds;
ii) refuse to execute transactions in case of Client’s failure to provide the information specified in paragraphparagraph 3.2.i. of this Agreement;
iii) demand that the Client properly performs and/or complies with the requirements of the Regulatory Documents;
iv) unilaterally terminate this Agreement in case of improper performance of obligations by the Client under this Agreement and in case of the systematic breach of the requirements of the Regulatory Documents by the Client;
v) enforce closing of the Client’s Trade Account in case of unilateral termination of this Agreement stipulated in paragraph 3.3.iv. of this Agreement;
vi) record telephone conversations and messages delivered by mail (e-mail) services, fax or other communication method which in case of disputes related to performance of this Agreement shall be accepted by the Parties as evidences;
vii) not give the Client any recommendations and/or consultations on issues related to the Client’s taxation and tax treatment of transactions made by the Client; viii) make use of other rules stipulated in this Agreement.
3.4. The Company shall:
i) provide the Client with the information which the Client is entitled to receive under this Agreement;
ii) perform Transactions on behalf of the Client and being guided by the relevant Client’s orders, this Agreement and the Regulatory Documents of the Company;
iii) where necessary, keep records of Transactions made directly by the Client;
iv) make payments to the Client in accordance with the procedure stipulated in this Agreement;
v) place funds received from the Client to the Company’s account on the Client’s Trade Account in accordance with the procedure stipulated in this Agreement;
vi) notify the Client of amendments introduced to the Regulatory Documents of the Company which are applied to the Client to some extent; vii) fulfill other obligations stipulated in this Agreement.
Appears in 1 contract
Samples: Customer Agreement
Rights and Obligations of the Parties. The Customer shall transfer the Proposal Security to JSC “OPP” account before the end of the period for submitting of Qualification Proposal during Selection Process, specified in clause 3.2. of the Procedure. The money amount transferred as the Proposal Security according to the clause 3.1. The Client hereof (if the money is entitled not subject to be refunded to the Customer) shall remain on JSC “OPP” account. Proposal Security shall not be refunded to the Customer if: the Customer is announced as the Winner, however, fails to sign the Principal Contract within the period specified in the Preliminary Contract; the Customer misrepresents information or documents in the Proposal. JSC “OPP” shall within ten (10) banking days refund the Proposal Security to:
i: 1) make transactions using the trading platform Meta Trader or Customer that was not cleared for E-tender, after the Contractor made relevant decision; 2) the Customer, whose proposal failed to be announced as the most attractive, after the Contractor made relevant decision based on E-tender results; 3) the Customer that lost the competition, after the Contractor made relevant decision declaring another Participant as the Winner; 4) in case of Selection Process completion and failure to conclude Contract on toll processing with any other trading platform provided by Participant that submitted Qualification Proposals for the Company which includes Selection Process; 5) the processing and transmission Customer, whose proposal was denied, after the Contractor made relevant decision to deny proposal; 6) upon a written request of data uploaded by the Client Customer, based on the Contractor’s decision; 7) in case of cancellation of the Selection Process. In case of entering into the Principal Contract with the help of PC or any other device connected to Customer, the Internet by means chosen by Proposal Security shall be deemed as security for the Client;
ii) contact the Company for obtaining the clarifying information on quotations and for giving orders for transaction closing by telephone;
iii) obtain any information on state of the Trade Account at short notice provided that it is technically possible to transfer such information as of the time of request;
iv) dispose of all funds available on the Trade Account including the right to transfer these funds, considering the existing limitations, to any other Trade Accounts opened with the Company in the name of this Client;
v) open Trade Accounts with the Company in his own name;
vi) deposit funds into his/her Trading Account and withdraw funds from his/her Trading Account in the prescribed by the Regulatory documents manner;
vii) close Trade Accounts with the Company in accordance with the procedure and Principal Contract fulfillment under the terms stipulated thereof. The Proposal Security shall be transferred by the Customer or the Guarantor Bank to the following accounts of JSC “OPP” depending on the currency (national or USD): Current account for UAH: XX000000000000000000000000000 with JSC "The State Export-Import Bank of Ukraine", Xxxxxx Xxxxxx, Bank code 322313 For foreign currency: IBAN: XX000000000000000000000000000 Account with institution (beneficiary bank): SWIFT: XXXXXXXX XXX”The State Export- Import Bank of Ukraine”, Kiev, Ukraine. for the Xxxxxx Xxxxxx. Bank address: Ukraine, 03150 Xxxx, 000 Xxxxxxxxxxx Xxx. Should the Customer’s refusal to enter into the Principal Contract lead to shutdown of JSC “OPP” production facilities, the Customer shall, within five business days from the day of notice (by email or physical delivery), provide at its own expense the supply of natural gas for start-up operations in the amount of up to USD 3,000,000.00 including VAT (in UAH at the official rate of NBU for USD exchange on the date of money transfer) PRELIMINARY CONTRACT VALIDITY PERIOD The Customer shall sign the Preliminary Contract with the use of QES and send it from its own email address to the official email of JSC “OPP” in form of electronic document as PDF file (text) before the end of the period for submitting of Qualification Proposal during Selection Process, specified in the clause 3.2. of the Procedure. Within 5 days from the moment of receiving the Preliminary Contract signed by the Customer using QES to the official email of JSC “OPP”, JSC “OPP” shall send the Preliminary Contract signed on its side using QES to the Customer’s email. The Preliminary Contract shall enter into force on the day of its signing by the Parties and is effective until concluding the Principal Contract. REQUIREMENTS FOR THE PRINCIPAL CONTRACT The Principal Contract on toll processing shall be made in written form according to the provisions of the Civil Code of Ukraine, the Commercial Code of Ukraine, Code of Gas Transmission System of Ukraine, taking into account specific issues indicated by the Procedure. Essential terms and conditions of the Principal Contract shall not differ from the draft Principal Contract outlined in Annex No. 1 to the Procedure. Should JSC “OPP” enter into a direct contract with a natural gas supplier or sell the state stock of JSC “OPP” shares, the Principal Contract may be terminated under JSC “OPP” initiative by means of sending a written notification to the Customer regarding the Contract termination. Such notification shall be provided to the Customer not later than two (2) months prior the date of the Contract termination. In such a case the Contractor shall bear no liability for any losses (including loss of profit) and/or costs which may be inflicted upon/suffered by the Customer due to such Principal Contract termination. NOTIFICATION PROCEDURE AS TO READINESS OF THE PARTIES TO ENTER INTO THE PRINCIPAL CONTRACT Within one business day after the decision has been made to declare the Customer as the Winner based on results of the Selection Process, JSC “OPP” shall notify the Customer regarding the date, time, venue and method (on paper or in electronic form) of the Principal Contract execution. The Principal Contract shall be concluded within 5 business days from the day of the decision, specified in clause 6.1. herein, except for cases when entering into the Principal Contract requires approval of the Supervisory Board or General Meeting. Should entering into the Principal Contract require approval of the Supervisory Board or General Meeting, JSC “OPP” shall within one business day after the Principal Contract with the Customer has been approved by one of the aforementioned management bodies of JSC “OPP” notify the Customer regarding the date, time, venue and method (on paper or in electronic form) of the Principal Contract execution, and in this Agreement;
viii) exercise other rights stipulated in this Agreement.
3.2case the Principal Contract shall be entered into force within 5 business days from the day of such aforementioned approval. DETAILS OF THE PARTIES The Client shall:
i) Provide the Company with the necessary and sufficient information for Trade Account opening, making Transactions, depositing and withdrawing Customer: __________________________________________ Legal Address _________________________ _________________________(identification code of the funds. All the information provided by the Client including the information on the Client’s trading experience and other investment and financial skills shall be true, accurate and complete. The Client shall also immediately notify the Company of any changes in this information by any of means specified in paragraph 7.1. of this Agreement;
iilegal entity ______________) strictly comply with the requirements Bank of the Regulatory Documents Customer: _______________________ Current account: _____________________ _________________________________ The Contractor: Joint Stock Company “Odessa Port Plant Registered office at Xxxxxxxx xxx. 0, Xxxxxx, 00000, Xxxxxx xxxxxx, Xxxxxxx (identification code of the Company;
iiilegal entity is 00000000) comply with the legal requirements applied to the Client and by no way use the Trade Account for criminal and any other unlawful purposes;
iv) not disclose the data of access codes or other information, in particular, necessary for delivery Bank of the Company’s orders for transactions and transfer of funds to/from the trade account to third parties except as otherwise expressly provided in this Agreement;
vContractor: Current account: _____________________ __________________________________ Попередній договір № __________________ м. Южне ___.___.20___ р. __________________________________________________________, компанія, що діє згідно з законодавством України, юридична адреса: __________________________________________, (ідентифікаційний код юридичної особи ___________), в особі ______________________________________________, яка діє на підставі ________________, (далі – «Замовник») notify the Company of the fact of funds transfer to the Company’s account made by any methods stipulated in the Company’s rulesта Акціонерне товариство «Одеський припортовий завод», компанія, що діє згідно з законодавством України, юридична адреса: Україна, 65481, Одеська область, м. The list of methods of funds transfer to the Company’s account is posted on the Company’s official Website: xxxx://xxx.xxxxxxxxx.xxx;
vi) perform other obligations stipulated in this AgreementЮжне, xxxxxx Xxxxxxxxx, 0, (ідентифікаційний код юридичної особи 00206539), в особі ________________________, який діє на підставі Статуту, (далі – Виконавець або АТ «ОПЗ»). Замовник та Виконавець надалі іменуються «Сторона» окремо та «Сторони» разом.
3.3. The Company is entitled to:
i) demand that Client provides all the information necessary and sufficient for his proper identification while opening a Trade Account with the Company and for closing of Transactions and/or depositing and withdrawing of the funds;
ii) refuse to execute transactions in case of Client’s failure to provide the information specified in paragraph
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Samples: Preliminary Contract
Rights and Obligations of the Parties. 3.11. The Client is Licensee shall:
1. use the Service on its own only within the limits of those rights and in the ways provided for herein and shall not transfer the rights to use the Service to third parties;
2. make payment in accordance with the Subscription Tariff subject to the conditions and within the terms stipulated herein;
3. The Licensee shall not transfer the logins and passwords used to access the Service to third parties, shall ensure their confidentiality;
4. accept the new terms hereof which enter into force upon publication on the Website. In case the Licensee does not accept the new terms, the Contract shall terminate;
5. fulfill other obligations stipulated hereunder.
2. The Licensee may not to:
1. reproduce the Service, including recording in the computer memory;
2. modify the Service;
3. distribute the Service or its parts and/or perform other actions aimed at deriving commercial benefits in relations with third parties from the use of the Service;
4. provide sublicenses for any use of the Service or its parts to third parties;
5. hack, make changes to the Service;
6. attempt to gain access to the data of other Licensees;
3. The Licensee shall be entitled to:
i) make transactions using 1. use the trading platform Meta Trader or any other trading platform provided by service features in its own interests.
4. The Licensor shall:
1. when the Company which includes Licensee fulfills payment obligations, provide the processing and transmission of data uploaded by the Client Licensee with the help of PC or any other device connected to the Internet by means chosen by the Client;
ii) contact the Company for obtaining the clarifying information on quotations and for giving orders for transaction closing by telephone;
iii) obtain any information on state of the Trade Account at short notice provided that it is technically possible to transfer such information as of the time of request;
iv) dispose of all funds available on the Trade Account including the right to transfer these funds, considering use the existing limitations, to any other Trade Accounts opened with the Company in the name of this Client;
v) open Trade Accounts with the Company in his own name;
vi) deposit funds into his/her Trading Account and withdraw funds from his/her Trading Account in the prescribed by the Regulatory documents manner;
vii) close Trade Accounts with the Company Service in accordance with the procedure and under Tariff selected by the Licensee;
2. provide the Licensee with round-the-clock access to the Service, with the exception of the time for maintenance, subject to the timely fulfillment by the Licensee of the obligation to pay in accordance with the terms and conditions stipulated in this Agreementhereunder. The Licensor shall not be responsible for the Service inoperability due to technical restrictions and/or technical problems of the Instagram social network;
viii) exercise other rights stipulated in this Agreement.3. upon request, provide the Licensee with information on the Service functioning;
3.24. The Client shall:
i) Provide the Company with the necessary and sufficient information for Trade Account openingensure confidentiality of data on Licensee's accounts, making Transactions, depositing and withdrawing as well as ensure safety of the funds. All the information personal data provided by the Client including Licensee when using the information on Service for the Client’s trading experience and other investment and financial skills duration hereof;
5. The Licensor shall be true, accurate and complete. The Client shall also immediately notify the Company of any changes in this information by any of means specified in paragraph 7.1. of this Agreement;
ii) strictly comply with the requirements of the Regulatory Documents of the Company;
iii) comply with the legal requirements applied to the Client and by no way use the Trade Account for criminal and any other unlawful purposes;
iv) not disclose the data of access codes or other information, in particular, necessary for delivery of the Company’s orders for transactions and transfer of funds to/from the trade account to third parties except as otherwise expressly provided in this Agreement;
v) notify the Company of the fact of funds transfer to the Company’s account made by any methods stipulated in the Company’s rules. The list of methods of funds transfer to the Company’s account is posted on the Company’s official Website: xxxx://xxx.xxxxxxxxx.xxx;
vi) perform other obligations stipulated in this Agreement.
3.3. The Company is entitled to:
i) demand that Client provides all 1. make changes to the information necessary Service at its discretion and sufficient for his proper identification while opening a Trade Account with without the Company and for closing of Transactions and/or depositing and withdrawing consent of the fundsLicensee;
ii) 2. suspend provision of the right to the Licensee to use the Service in case the latter violates the terms hereof;
3. terminate the Contract unilaterally out of court and refuse to execute transactions grant the Licensee the right to use the Service in case the Licensee receives insults or threats against the Service's technical support and employees. In case of the above circumstances, the Licensor shall return unused balance of payment and restrict access to the Service for the Licensor. Unilaterally terminate the Contract and refuse to grant the Licensee the right to use the Service in case of Client’s failure violation of the terms and procedure for payment by the Licensee, violation by the Licensee of other obligations stipulated hereunder, or on other grounds provided for herein;
4. terminate the Contract unilaterally out of court and refuse to provide grant the information specified Licensee the right to use the Service in paragraphcase the Licensee receives insults or threats against the Service's technical support and employees. In case of the above circumstances, the Licensor shall return unused balance payment and restrict access to the Service for the Licensor.
5. make unilateral amendments hereto by issuing new editions, notifying Licensees of this by posting a new version hereof on the Website;
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