The Customer acknowledges that a) This Authority will remain in full force and effect in respect of all Direct Debits passed to my/our account in good faith notwithstanding my/our death, bankruptcy or other revocation of this Authority until actual notice of such event is received by the Bank.
b) In any event this Authority is subject to any arrangement now or hereafter existing between me/us and the Bank in relation to my/our account.
c) Any dispute as to the correctness or validity of an amount debited to my/our account shall not be the concern of the Bank except in so far as the Direct Debit has not been paid in accordance with this Authority. Any other dispute lies between me/us and the Initiator.
d) Where the Bank has used reasonable care and skill in acting in accordance with this Authority, the Bank accepts no responsibility or liability in respect of: » The accuracy of information about Direct Debits on Bank statements; and » Any variations between notices given by the Initiator and the amounts of Direct Debit.
e) The Bank is not responsible for, or under any liability in respect of the Initiator’s failure to give notice in accordance with 1(a), nor for the non-receipt, or late receipt of notice by me/us for any reason whatsoever. In any such situation the dispute lies between me/us and the Initiator.
f) Notice given by the Initiator in terms of clause 1(a) to the debtor responsible for the payment shall be effective. Any communication necessary because the debtor responsible for payment is a person other than me/us is a matter between me/us and the debtor concerned.
The Customer acknowledges that. It must procure and maintain at its own expense any equipment or software or license(s) Needed to implement, receive and use the Service, unless Mango expressly agrees otherwise in writing;
The Customer acknowledges that. 3.1. This Instruction will remain in full force and effect in respect of all Direct Debits passed to my/our account in good faith notwithstanding my/our death, bankruptcy or other revocation of this Instruction until actual notice of such event is received by the Bank.
3.2. In any event this Instruction is subject to any arrangement now or hereafter existing between me/us and the Bank in relation to my/our account.
3.3. Any dispute as to the correctness or validity of an amount debited to my/our account shall not be the concern of the Bank except in so far as the Direct Debit has not been paid in accordance with this Instruction. Any other disputes lie between me/us and the Initiator.
3.4. Where the Bank has used reasonable care and skill in acting in accordance with this Instruction, the Bank accepts no responsibility or liability in respect of:
3.4.1. The accuracy of information about Direct Debits on Bank statements; and
3.4.2. Any variations between notices given by the Initiator and the amounts of Direct Debits. or late receipt of notice by me/us for any reason whatsoever. In any such situation the dispute lies between me/us and the Initiator.
The Customer acknowledges that a. This Authority will remain in full force and effect in respect of all amounts to be debited to my Nominated Card in good faith notwithstanding my death, bankruptcy or other revocation of this authority until actual notice of such event is received by the Initiator.
The Customer acknowledges that. 3.1. This Instruction will remain in full force and effect in respect of all Direct Debits passed to my/our account in good faith notwithstanding my/our death, bankruptcy or other revocation of this Instruction until actual notice of such event is received by the Bank.
3.2. In any event this Instruction is subject to any arrangement now or hereafter existing between me/us and the Bank in relation to my/our account.
3.3. Any dispute as to the correctness or validity of an amount debited to my/our account shall not be the concern of the Bank except in so far as the Direct Debit has not been paid in accordance with this Instruction. Any other disputes lie between me/us and the Initiator.
3.4. Where the Bank has used reasonable care and skill in acting in accordance with this Instruction, the Bank accepts no responsibility or liability in respect of:
3.4.1. The accuracy of information about Direct Debits on Bank statements; and
3.4.2. Any variations between notices given by the Initiator and the amounts of Direct Debits.
3.5. The Bank is not responsible for, or under any liability in respect of the Initiator’s failure to give notice in accordance with clauses 1.1 to 1.4, nor for the non-receipt or late receipt of notice by me/us for any reason whatsoever. In any such situation the dispute lies between me/us and the Initiator.
3.6. Where notice given by the Initiator in terms of clause 1.4 to the debtor responsible for the payment shall be effective. Any communication necessary because the debtor responsible for payment is a person other than me/us is a matter between me/us and the debtor concerned.
The Customer acknowledges that. (a) ACS has not provided any warranties, assurances, promises or representations regarding the quality, fitness for use, suitability or merchantability of the Goods; and
(b) when placing its order for the Goods, it has relied entirely on its own knowledge, skill and judgement.
The Customer acknowledges that. (a) It is ultimately responsible and liable for any and all activity that originates from or is directed to its internet circuit regardless of its knowledge of and consent to such activity. This includes but is not limited to activity by employees whether specifically authorized or unauthorized by the Customer;
(b) It is liable and accountable for any activity originating from any of its account services that are deemed to be in violation of clause 9.2(c); and
(c) In the event of activity which is considered by ATHKL to be deliberately or otherwise abusive or in violation of this clause 9, ATHKL may, upon giving seventy two (72) hours prior notice to the Customer of ATHKL's intention to suspend and/or terminate the Customer's account and where the Customer remains in breach after expiration of such period, suspend and/or terminate the Customer‟s account and all Services. ATHKL reserves the right, acting reasonably, at its sole discretion, to make a determination of what constitutes abuse or violation and the Customer agrees that ATHKL's determination is final and binding on it.
The Customer acknowledges that. Qencode may transfer and Process Customer Data to and in the United States and anywhere else in the world where Qencode, Qencode Affiliates, or its Sub-processors maintain Processing operations. Qencode shall, at all times, ensure that such transfers are made in compliance with the requirements of all applicable Data Protection Laws.
The Customer acknowledges that. 17.2.1. the Software is never wholly free from defects, errors and bugs, and the Company gives no warranty or representation that the momentpay will be wholly free from such defects, errors and bugs; However MomentPay will make all the efforts to fix such bugs and errors on-time.
17.2.2. the Company shall not be liable for any failure or default to provide Services on account of any failure or delay by the User to configure the User’s equipment for access to the Service. Any configuration or set up of the User equipment for access to the Website and the Services shall be the sole responsibility of the User and the Customer.
17.2.3. the Company does not warrant or represent that the Website will be compatible with any application, program or software not specifically identified as compatible by the Company; and
17.2.4. the Company will not and does not purport to provide any legal, taxation or accountancy advice under this Agreement or in relation to the Services and (except to the extent expressly provided otherwise) the Company does not warrant or represent that the Services will not give rise to any civil or criminal legal liability on the part of the Customer or any other person.
The Customer acknowledges that. (a) The Cloud Software may contain inactivated product modules or components not authorised for access or use. The Customer is only entitled to access and use the modules specified in the Order Confirmation.
(b) Upon termination of the right to access the Cloud Software or on termination or expiry of the Agreement, the Customer will no longer have a right to use the Cloud Software and any such use or access may violate copyright laws and constitute a material breach of the Agreement. If any Cloud Software is deployed on the Customer premises or third party premises on its behalf then on such expiration or termination the Customer shall allow K3 to remove all copies of the relevant Cloud Software. Upon termination or expiry of the Agreement or the Customer’s right to access the Cloud Software, K3 may destroy or otherwise dispose of any Customer Data in its possession.