Common use of Liability for non Clause in Contracts

Liability for non. execution or incorrect execution 10.1. The Company is not liable to Customer for unauthorized transactions under any circumstances when Customer/Authorized Person has intentionally or upon negligence acted fraudulently/illegally, including by violating the requirements of these GTC, applicable Additional Terms, procedure, document, information of whatever type and nature set forth by The Company, or applicable laws and regulations, including for example, failure to take actions necessary for ensuring the secrecy, safety and security of relevant payment instrument and/or Security and Authentication Credentials, any means, accesses, devices, related to Account accordingly. 10.2. Customer will be liable for all losses incurred as a result of the use of payment instrument/Security and Authentication Credentials/ means/accesses/devices, including, illegal use of thereof and in cases of unauthorized transactions, if the Customer/Authorized Person has acted illegally, fraudulently, with negligence, including in violation of present GTC (and/or any other applicable Additional Terms of whatever type and nature, any procedures and security requirements/information), or applicable laws and regulations, in violation of GTC Section 3: Internet banking on security, as well as failing to immediately perform actions of GTC Section 3: Internet banking on security, Customer’s actions and notifications under the circumstances. Failing to timely notify The Company of any change in communication details of Customer/Authorized Person (including mobile phone number and email address, address and any other relevant data) shall equally constitute negligence of Customer/Authorized Person in relation to performance of their security obligations under these GTC. 10.3. Any dispute concerning any payment, transaction or any matter or service between the Customer/Authorized Person and a payment counterparty or any third party, shall be a dispute between said parties, and shall not in any way affect the Customer’s liability to pay The Company any sums or Valid from 01.07.2024 liabilities arising out of and/or connected with such payment, transaction or matter and no claim or counter claim by the Customer/Authorized Person against any counterparty or third party shall be a defense or counterclaim against The Company. 10.4. In case of an incorrectly executed transaction by The Company, The Company’s liability shall not arise unless all required information for the correct execution of the payment order was given to The Company correctly. Subject to observance by Customer of the timeframe for notification of The Company for rectification of a payment order as stated in the provisions of these GTC, in case of an incorrect execution of a payment transaction, any liability is limited as follows: 10.4.1. In the case a payment transaction initiated by the Customer as the originator (payer) was not executed or defectively executed, the Customer may request The Company to trace such payment. In case payment instructions were incorrect/incompletely/in non- conformity Customer shall bear all respective fees, costs, expenses. 10.4.2. In case a payment transaction was initiated by Customer- Consumer as the payer (originator), and the payee’s (beneficiary’s) payment service provider did not receive the amount of the payment transaction, The Company shall not be liable to return/reinstate Customer where the payment transaction was properly recorded in The Company’s systems. The Company’s obligation to return without undue delay, to Customer-Consumer the amount of the transaction arises only if it is shown that the relevant transaction was not executed or incorrectly executed by The Company, in which case where applicable, The Company reinstates the Account of said Customer- Consumer to the state it would have been in had the incorrect transaction not been executed. The Company shall not be obliged to return funds or reinstate Customer’s Account in case the error/defect/non-execution lies with any other payment service provider/participant involved in its processing (such as any intermediary, beneficiary bank/payment service provider, payment settlement system/participant). No obligations of The Company in this provision shall apply in respect to Corporate Customer, and any funds return shall depend on the outcome of the tracing/investigation, without any obligation to reinstate/reimburse Corporate Customer’s Account, or any amounts or fees and expenses. 10.4.3. In case the Customer-Consumer is the payee (beneficiary) of a payment transaction, if after receipt of the relevant payment amount of such payment transaction by The Company, the payment transaction was not executed correctly by The Company, The Company shall place the amount of the payment transaction at the Customer-Consumer’s disposal and where applicable, credit the Customer’s Account as payee with the corresponding amount, in order to reinstate the Account to the state it would have been in, had the transaction been correctly executed. No obligations of The Company in this provision shall apply in respect to Corporate Customers. 10.4.4. In case the Customer is the payee (beneficiary) of any payment transaction which was executed late, provided that the amount was received by The Company, The Company at the request of the payment services provider of the payer (originator), may ensure if possible, to set the credit value date of the Customer’s Account to a date no later than the date the amount would have been value dated had the transaction been correctly executed. 10.5. Under no circumstances will The Company bear any liability for non-execution or any delayed execution (or manner implied defective) when exercising its rights under the GTC, any Additional Terms, applicable laws and regulations. 10.5.1. It is considered that The Company’s obligations regarding execution of the payment made by Customer to another payment service provider (e.g. bank, electronic money institution, payment institution) shall be deemed discharged upon passing the payment amount to the disposal of the beneficiary’s payment service provider or intermediary bank/payment service provider and/or payment settlement system. Having received the payment amount passed on, the beneficiary’s payment service provider or intermediary bank/payment service provider shall be liable for due execution of the payment.

Liability for non. execution or incorrect execution 10.1. The Company is not liable to Customer for unauthorized transactions under any circumstances when Customer/Authorized Person has intentionally or upon negligence acted fraudulently/illegally, including by violating the requirements of these GTC, applicable Additional Terms, procedure, document, information of whatever type and nature set forth by The Company, or applicable laws and regulations, including for example, failure to take actions necessary for ensuring the secrecy, safety and security of relevant payment instrument and/or Security and Authentication Credentials, any means, accesses, devices, related to Account accordingly. 10.2. Customer will be liable for all losses incurred as a result of the use of payment instrument/Security and Authentication Credentials/ means/accesses/devices, including, illegal use of thereof and in cases of unauthorized transactions, if the Customer/Authorized Person has acted illegally, fraudulently, with negligence, including in violation of present GTC (and/or any other applicable Additional Terms of whatever type and nature, any procedures and security requirements/information), or applicable laws and regulations, in violation of GTC Section 3: Internet banking on security, as well as failing to immediately perform actions of GTC Section 3: Internet banking on security, Customer’s actions and notifications under the circumstances. Failing to timely notify The Company of any change in communication details of Customer/Authorized Person (including mobile phone number and email address, address and any other relevant data) shall equally constitute negligence of Customer/Authorized Person in relation to performance of their security obligations under these GTC. 10.3. Any dispute concerning any payment, transaction or any matter or service between the Customer/Authorized Person and a payment counterparty or any third party, shall be a dispute between said parties, and shall not in any way affect the Customer’s liability to pay The Company any sums or Valid from 01.07.2024 liabilities arising out of and/or connected with such payment, transaction or matter and no claim or counter claim by the Customer/Authorized Person against any counterparty or third party shall be a defense or counterclaim against The Company.. UNL_EU_GTC_3/2024 Valid from 13.05.2024 10.4. In case of an incorrectly executed transaction by The Company, The Company’s liability shall not arise unless all required information for the correct execution of the payment order was given to The Company correctly. Subject to observance by Customer of the timeframe for notification of The Company for rectification of a payment order as stated in the provisions of these GTC, in case of an incorrect execution of a payment transaction, any liability is limited as follows: 10.4.1. In the case a payment transaction initiated by the Customer as the originator (payer) was not executed or defectively executed, the Customer may request The Company to trace such payment. In case payment instructions were incorrect/incompletely/in non- conformity Customer shall bear all respective fees, costs, expenses. 10.4.2. In case a payment transaction was initiated by Customer- Consumer as the payer (originator), and the payee’s (beneficiary’s) payment service provider did not receive the amount of the payment transaction, The Company shall not be liable to return/reinstate Customer where the payment transaction was properly recorded in The Company’s systems. The Company’s obligation to return without undue delay, to Customer-Consumer the amount of the transaction arises only if it is shown that the relevant transaction was not executed or incorrectly executed by The Company, in which case where applicable, The Company reinstates the Account of said Customer- Consumer to the state it would have been in had the incorrect transaction not been executed. The Company shall not be obliged to return funds or reinstate Customer’s Account in case the error/defect/non-execution lies with any other payment service provider/participant involved in its processing (such as any intermediary, beneficiary bank/payment service provider, payment settlement system/participant). No obligations of The Company in this provision shall apply in respect to Corporate Customer, and any funds return shall depend on the outcome of the tracing/investigation, without any obligation to reinstate/reimburse Corporate Customer’s Account, or any amounts or fees and expenses. 10.4.3. In case the Customer-Consumer is the payee (beneficiary) of a payment transaction, if after receipt of the relevant payment amount of such payment transaction by The Company, the payment transaction was not executed correctly by The Company, The Company shall place the amount of the payment transaction at the Customer-Consumer’s disposal and where applicable, credit the Customer’s Account as payee with the corresponding amount, in order to reinstate the Account to the state it would have been in, had the transaction been correctly executed. No obligations of The Company in this provision shall apply in respect to Corporate Customers. 10.4.4. In case the Customer is the payee (beneficiary) of any payment transaction which was executed late, provided that the amount was received by The Company, The Company at the request of the payment services provider of the payer (originator), may ensure if possible, to set the credit value date of the Customer’s Account to a date no later than the date the amount would have been value dated had the transaction been correctly executed. 10.5. Under no circumstances will The Company bear any liability for non-execution or any delayed execution (or manner implied defective) when exercising its rights under the GTC, any Additional Terms, applicable laws and regulations. 10.5.1. It is considered that The Company’s obligations regarding execution of the payment made by Customer to another payment service provider (e.g. bank, electronic money institution, payment institution) shall be deemed discharged upon passing the payment amount to the disposal of the beneficiary’s payment service provider or intermediary bank/payment service provider and/or payment settlement system. Having received the payment amount passed on, the beneficiary’s payment service provider or intermediary bank/payment service provider shall be liable for due execution of the payment.