Common use of Availability of 3D Secure Clause in Contracts

Availability of 3D Secure. We try to give a complete service at all times but do not guarantee it. We will not be responsible to the Client for any unavailability of 3D Secure or any malfunction thereof where any failure on our part is due to: 5.5.10.1. abnormal or unforeseeable circumstances beyond our control, the consequences of which would have been unavoidable despite all our efforts to the contrary; or 5.5.10.2. Our obligation to comply with any other provisions of applicable laws 6. Refusal, reversal of unauthorised transaction and reversal of incorrect payment orders: 6.1 If we refuse to execute a payment order, the refusal and, if possible, the reasons for it as well as the procedure for correcting any factual mistakes that led to the refusal shall be notified to Client, unless prohibited by the applicable legislation. We shall provide or make available the notification to Client via email or via the online account at the earliest opportunity. We may charge a fee for providing additional information for such a notification if the refusal is reasonably justified. 6.2 We will assist the Client to a reasonable extent for reversing transaction executed under incorrect payment order as required by the applicable legislation. In case of incorrect payment order, such as wrong account identifier, wrong name, wrong BIC, wrong name of bank of the payee, wrong amount, or other incorrect data, submitted by Client, we may assist the Client to submit a new and correct payment order if we have yet not executed the incorrect payment order, for which we may charge the Client a fee. 6.3 Liability for transactions initiated by or through the payee. i. the amount of the transaction was not shown or known to the Client at the moment of authorizing the transaction; ii. the amount of the transaction is higher than the amount the Client could reasonably have expected to be charged by the payee taking into account circumstances such as the Client’s previous spending patterns and the circumstances of the case. This shall not apply to cases where the amount of the transaction differs due to exchange of currency costs;