Client liability Sample Clauses
The Client liability clause defines the circumstances under which the client is responsible for losses, damages, or costs arising from the contract. Typically, this clause outlines the types of actions or omissions by the client that could trigger liability, such as providing incorrect information, failing to meet contractual obligations, or causing harm to third parties. Its core practical function is to allocate risk between the parties by clarifying when and to what extent the client must compensate the other party, thereby ensuring accountability and reducing disputes over responsibility.
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Client liability. 13.1 Client shall be fully liable for all losses incurred in respect of unauthorized transactions and/or all damages, notwithstanding the amount of the losses or damages, if Client has acted fraudulently or with negligence or willful misconduct, or has failed to comply with the Agreement, or any inseparable part of this Agreement, including but not limited to user manuals or acceptance policy or the law. Client shall be liable without limitation for all losses incurred in respect of unauthorized or incorrect use of the Service or Client online account for the Service, or as a result of breach of Client obligations to preserve the security of Client Identifying Credentials. Client shall be fully liable for damages resulting from incorrect use of the Service or use of the Service against the rules for use the Service or the rules of the Card Schemes or other regulations.
13.2 “A”. In case a transaction via the Service is already approved, but the POS terminal or Internet connection is switched off during or prior to transaction processing, for whatever reason, such transaction shall not be cleared and paid by the Card Schemes under their rules. In such case, we shall not be liable for any delayed payment. Such Transaction can be cleared and paid to the Client account only after successful execution and processing of a next transaction on the same POS terminal. In such cases and in cases where the period between the approval of such transaction and the actual clearing via the Card Schemes and payment to the Client is more than 5 (five) calendar days, the Client shall be charged with a Fee for Late presentment as per the Tariff. We do not bear any responsibility for clearing and payment of approved transactions, if they have not been completed properly by the Client or the POS terminal has been lost, stolen, given by the Client to 3rd parties or damaged by the Client or 3rd parties after the approval of the transaction.
13.3 Client shall be entitled to redress losses from unauthorized transactions, excluding fees or interest or profits lost, incurred by Client as a result of unauthorized transactions with the payment instruments of the Client, provided by the Service, if the Client has informed us on the unauthorized transactions without undue delay and not later than 7 (seven) days after the date of the unauthorized transaction and provided that there is no negligence or willful misconduct on behalf of the Client, or Client’s agents or sub-contractors. Where ...
Client liability. 13.1. Client who has acted as a Consumer shall be liable for all losses incurred in respect of unauthorised transactions, as a result of use of lost or stolen payment instrument, if Client has not managed to preserve the security of the payment instrument, up to a maximum of 150 EUR. Client who has not acted as a Consumer shall be liable without limitation for all losses incurred in respect of unauthorised or incorrect transactions, as a result of use of lost or stolen payment instrument or incorrect payment orders.
13.2. However, Client shall be fully liable for all losses incurred in respect of unauthorised transactions and/or all damages, notwithstanding the amount of the losses or damages, if Client has acted fraudulently or has, with intent or gross negligence, failed to comply with the Agreement or law, including Client’s obligations to preserve the security of Client Identifying Credentials.
13.3. Client shall be entitled to redress losses (excluding fees or interest in case of Clients who are not Consumers) incurred by Client in respect of unauthorised or incorrect transactions made after Client has informed Issuer for the unauthorized or incorrect transaction and Issuer has been able to block the GIFTCARD account and/or GIFTCARD without undue delay in the day when the GIFTCARD was debited or within 7 (seven) days afterwards, and in case where Client is Consumer, no later than thirteen (13) months after the debit date. Issuer will, on Client request, make efforts to trace the transaction and notify Client of the outcome. Where Client is entitled to redress, Issuer will refund the amount of the unauthorised transactions, less applicable fees as per Tariff, by crediting GIFTCARD account.
13.4. Client agrees to indemnify, defend and hold harmless Issuer, from and against any losses or negative balance on Cards, resulting from any and all actions, , claims, demands, liabilities, judgements, damages or expenses including but not limited to damages incurred by Issuer in relation with content of requested designs ordered according to the White GiftCard Program (collectively, "Claim" or "Claims") which Issuer may at any time during the term of this Agreement or within 5 (five) years after its termination incur, sustain or become subject as a result of any Claim and: (a) connected to the Client’s or his employees, agents or sub-contractors, or 3rd parties using GIFTCARD breach of any provision, warranty or representation in this Agreement, or regulations of...
Client liability. The CLIENT shall take all measures required to implement this Agreement and comply with the legal and regulatory provisions applicable to transactions governed by the Agreement. The CLIENT shall provide BRED with all the documents required to enable BRED to fulfil its contractual, legal and regulatory obligations. The CLIENT declares that : • the information that he has provided concerning his situation, and • in particular the information concerning his knowledge of the financial markets provided in the “Know your CLIENT” document, is correct, exhaustive and not misleading. The CLIENT shall inform BRED, by letter, including documentary evidence if necessary, of any changes in his situation (family circumstances, tax residency, address for service, etc.) or his ability to assess the characteristics of transactions and the risks that they may entail. If the CLIENT is a legal entity, the CLIENT also undertakes to only enter into transactions that are consistent with its company purpose and status. In addition to the CLIENT’s other obligations of information under this Agreement, the CLIENT shall inform BRED of : • any event that affects its capacity to act, • any changes in its legal form, • the termination of service of any of its legal representatives, • any events that could materially affect its financial capacity. The CLIENT shall forward to BRED all information likely to reflect its financial position and, in particular, its financial statements. The CLIENT shall not contest any transaction entered into at the initiative of any of its legal representatives whose termination of service has not been duly notified to BRED.
Client liability. Client shall be liable to and shall indemnify and hold harmless CMS and its officers, directors and employees ("CMS Indemnified Parties") from and against any and all Losses suffered by any of them arising out of or in connection with this Agreement or the performance of CMS's duties hereunder (including, without limitation, any such Losses arising from reliance by CMS on materials received from Client as provided in Section 5.7 above), except to the extent that such Losses arise from the gross negligence or misconduct of CMS.
Client liability. 13.1.1 In case the Client’s account is covered by the Statutory Consumer Protection, the Client will be liable for all losses incurred in respect of unauthorized transactions, as a result of use of lost or stolen payment instrument, or from the misappropriation of a payment instrument up to a maximum of 35 GBP or its equivalance in other currency. When the Client does not qualify as a Micro-enterprise or a Consumer, the Client shall be liable without limitation for all losses incurred in respect of any unauthorized transactions as a result of use of lost or stolen payment instrument, or from the misappropriation of a payment instrument.
13.1.2 In any event, the Client shall be fully liable for all losses incurred in respect of unauthorized transactions and/or all damages, notwithstanding the amount of the losses or damages, if Client has acted fraudulently or with negligence or wilful misconduct, or has failed to comply with the Agreement, or any inseparable part of this Agreement, including but not limited to user manuals or acceptance policy or the law. Client shall be liable without limitation for all losses incurred in respect of unauthorized or incorrect use of the Service or Client online account for the Service, or as a result of breach of Client obligations to preserve the security of Client Identifying Credentials. Client shall be fully liable for damages resulting from incorrect use of the Service or use of the Service against the rules for use the Service or the rules of the Card Schemes or other regulations.
Client liability. 13.1. Clients can be liable for the following issues (or other issues that may be communicated to you by Oro Pay from time to time).
(a) Using the Oro Pay services in a manner that results in complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties and other liability to Oro Pay, a Client, or a third party, will make you liable for the outcome. In such a case, you agree to reimburse Oro Pay, a Client, or a third party for any and all such liability, and for Oro Pay to settled any amounts owed as a result of the liability from your available balance. Should your balance be insufficient to cover the amount, you agree that Oro Pay may use any account proceeds from a transaction, and in the event that such amounts do not cover the liability, allow Oro Pay to recover the amount through other legal means available.
(b) In case of disputed amounts resulting from purchaser claim, reversal on a payment you received, or chargeback, Oro Pay will block the use of enough funds in your account to cover the full amount of the dispute. The block will not affect the use of your account if you have a residual balance in excess of the blocked disputed amount. The block is restricted to the disputed balance amount. Should the dispute be resolved on your favor, Oro Pay will restore the full access to your account and remove the block from the formerly disputed amount. To the contrary, if the dispute is resolved in favor of the opposing party, the blocked amount will remove the required amount from your account in settlement of the dispute resolution decision.
Client liability. The event host, (the “client”), shall be responsible and shall reimburse the Club for any damage, loss, or liability incurred on the premises by the client or their guests and/or by any person or organization contracted by the client to provide service or goods prior to during and after the scheduled event. The Club shall not be responsible for any damage or loss of any merchandise or personal articles left on the premises prior to or after the event.
Client liability. Client’s Liability and Our Liability in case of unauthorised or incorrectly executed transactions:
Client liability a. Any client who breaches its obligations under these General Terms and Conditions will be held liable to compensate ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ for any damage and costs (including legal assistance costs) resulting from such breaches.
b. The client will in particular be liable for the costs incurred as a result of any duty to withhold taxes imposed by the Tax and Customs Administration regarding the assignment and all damage (including any objection and appeal costs) suffered by ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ in this regard, if and insofar this imposition of a duty to withhold taxes does not result from a breach by the client of these General Terms and Conditions.
c. The client will indemnify ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ against any liability regarding the assignment and the performance of works by the IP and all resulting obligations, as well as for any damage suffered by the client or the IP during the performance of the assignment.
Client liability. CONTRACTOR shall look to Medicare or other insurance coverage first, then to COUNTY for compensation for covered services and shall at no time seek compensation, other than beneficiary share of cost, from CLIENTS without prior written approval from COUNTY.