Common use of Binding Effect of Electronic Communications Clause in Contracts

Binding Effect of Electronic Communications. Any electronic communication that the Bank receives from or in the name of the Customer, or which appears to be from or in the name of the Customer, regardless of whether or not the electronic communication was actually from or in the name of the Customer, will be considered to be duly authorized and binding upon the Customer and the Bank will be authorized to rely and act upon any such communication, even if the electronic communication differs in any way from any previous electronic communication sent to the Bank., In this connection: (i) the Bank will be entitled to rely upon any signature appearing on an electronic communication that purports to be a signature of the Customer or of a representative of the Customer as being authorized, valid and binding on the Customer even if the signature was not, in fact, signed by the Customer or its representative The customer recognizes that possession of a security device (including a security card, a security token or a password) by any person may result in that person having access to and being able to use the relevant means of electronic communication and that use of a security device (including a security card, a security token or password) in connection with any electronic communication will be deemed to be conclusive proof that the electronic communication was authorized by the Customer. The Customer agrees that any electronic communication between the Bank and the Customer shall be deemed to have been signed and/or delivered and to constitute a “ writing” for the purpose of any statute or rule of law that requires the terms of such communication or contract to be in writing or be assigned and/or delivered and expressly waives any right to raise any defence or waiver of liability based on the absence of a writing or of a signature. The Customer agrees that the Bank may provide any information, disclosure or notice to the Customer by electronic communication so long as such communication, if by computer or internet, can be received by the Customer

Appears in 3 contracts

Samples: Financial Services Agreement, Business Services Agreement, Financial Services Agreement

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Binding Effect of Electronic Communications. Any electronic communication that the Bank receives from or in the name of the Customer, or which appears to be from or in the name of the Customer, regardless of whether or not the electronic communication was actually from or in the name of the Customer, will be considered to be duly authorized and binding upon the Customer and the Bank will be authorized to rely and act upon any such communication, even if the electronic communication differs in any way from any previous electronic communication sent to the Bank., In this connection: (i) the Bank will be entitled to rely upon any signature appearing on an electronic communication that purports to be a signature of the Customer or of a representative of the Customer as being authorized, valid and binding on the Customer even if the signature was not, in fact, signed by the Customer or its representative The customer recognizes that possession of a security device (including a security card, a security token or a password) by any person may result in that person having access to and being able to use the relevant means of electronic communication and that use of a security device (including a security card, a security token or password) in connection with any electronic communication will be deemed to be conclusive proof that the electronic communication was authorized by the Customer. The Customer agrees that any electronic communication between the Bank and the Customer shall be deemed to have been signed and/or delivered and to constitute a writing” for the purpose of any statute or rule of law that requires the terms of such communication or contract to be in writing or be assigned and/or delivered and expressly waives any right to raise any defence or waiver of liability based on the absence of a writing or of a signature. The Customer agrees that the Bank may provide any information, disclosure or notice to the Customer by electronic communication so long as such communication, if by computer or internet, can be received by the Customer

Appears in 3 contracts

Samples: Financial Services Agreement, Financial Services Agreement, Financial Services Agreement

Binding Effect of Electronic Communications. Any electronic communication communication, including tested or authenticated electronic communication, that the Bank RBC receives from or in the name of the Customer, or which appears to be from or in the name of the Customer, regardless of whether or not the electronic communication was actually from or in the name of the Customer, will be considered to be duly authorized and binding upon the Customer and the Bank RBC will be authorized to rely and act upon any such communication, even if the electronic communication differs in any way from any previous electronic communication sent to the Bank., . In this connection: (i) the Bank , RBC will be entitled to rely upon any signature appearing on an electronic communication that purports to be a signature of the Customer or of a representative of the Customer as being authorized, valid and binding on the Customer Customer, even if the signature was not, in fact, signed by the Customer or its representative representative. The customer Customer recognizes that possession of a security device (including a security card, a security token code or a password) by any person may result in that person having access to and being able to use the relevant means of electronic communication and that use of a security device (including a security card, a security token code or a password) in connection with any electronic communication will be deemed to be conclusive proof that the electronic communication was authorized by the Customer. The Customer agrees that any electronic communication between the Bank RBC and the Customer shall be deemed to have been signed and/or delivered and to constitute a writing” for the purpose of any statute or rule of law that requires the terms of such communication or contract to be in writing or to be assigned signed and/or delivered and expressly waives any right to raise any defence or waiver of liability based on the absence of a writing or of a signature. The Customer agrees that the Bank RBC may provide any information, disclosure or notice to the Customer or other information by electronic communication so long as such communication, if the communication is by computer or internetInternet, the Customer can be received by the Customerretain such information.

Appears in 2 contracts

Samples: Account Agreement, Account Agreement

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Binding Effect of Electronic Communications. Any electronic communication that the Bank receives from or in the name of the Customer, or which appears to be from or in the name of the Customer, regardless of whether or not the electronic communication was actually from or in the name of the Customer, will be considered to be duly authorized and binding upon the Customer and the Bank will be authorized to rely and act upon any such communication, even if the electronic communication differs in any way from any previous electronic communication sent to the Bank., In this connection: (i) the Bank will be entitled to rely upon any signature appearing on an electronic communication that purports to be a signature of the Customer or of a representative of the Customer as being authorized, valid and binding on the Customer even if the signature was not, in fact, signed by the Customer or its representative The customer recognizes that possession of a security device (including a security card, a security token or a password) by any person may result in that person having access to and being able to use the relevant means of electronic communication and that use of a security device (including a security card, a security token or password) in connection with any electronic communication will be deemed to be conclusive proof that the electronic communication was authorized by the Customer. The Customer agrees that any electronic communication between the Bank and the Customer shall be deemed to have been signed and/or delivered and to constitute a writing” for the purpose of any statute or rule of law that requires the terms of such communication or contract to be in writing or be assigned and/or delivered and expressly waives any right to raise any defence defense or waiver of liability based on the absence of a writing or of a signature. The Customer agrees that the Bank may provide any information, disclosure or notice to the Customer by electronic communication so long as such communication, if by computer or internet, can be received by the Customer

Appears in 1 contract

Samples: Financial Services Agreement

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