SERVICE ERRORS Clause Samples

SERVICE ERRORS. 11.1 You agree to regularly and promptly review all records, controls, notices, reports, statements, communications and other information available to you with respect to Service transactions to confirm and verify the completion and accuracy of the transactions and any related debits, credits or transfers involving your Service Accounts. You will notify us immediately of any actual or suspected error, discrepancy or unauthorized transaction (collectively, "Service Error") within the notification period stated in the applicable Service Schedule, or, if no notification period is stated in the applicable Service Schedule, no more than five (5) Business Days from the date you knew or reasonably should have known of the Service Error. 11.2 If you notify us of Service Errors in accordance with the requirements stated in these General Terms or the Service Schedule, our only obligation and responsibility to you is to make commercially reasonable efforts to correct the errors and reprocess the erroneous data. You will pay the applicable Service Fees for such reprocessing unless the error resulted directly and solely from our gross negligence or willful misconduct. 11.3 Immediately upon discovery of a Service Error, you will take all reasonable steps to prevent or mitigate any losses to you, us or a third party as a result of the Service Error. You will fully cooperate with and assist us at your expense with our investigation of, and efforts to resolve, any Service Errors or other problems, including, without limitation, providing us with such information, records and other documentation as we may reasonably request.

SERVICE ERRORS. At all times, the Service Error Recovery Process shall provide as a minimum that:

SERVICE ERRORS. Contractor Shall: A. Contact Agency within 24 hours regarding documents that are lost, stolen, or activity has occurred that may severely impact services due to improper handling or inappropriate actions or completions or unacceptable service by Process Server, i.e. incorrect documents served, wrong documents matched to service reports. B. Correct or re-serve within two (2) calendar days when errors occur in the process services without additional charges to the Agency. Agency will not pay for unacceptable service if the service has not been corrected or re-served within the two (2) calendar days. C. Contact the Agency as required to correct errors. Failure may result in termination of a Process Service Request.

SERVICE ERRORS. 9.1 In case of error in the Service caused solely by Supplier, Supplier shall at its cost rectify or replace the faulty Service with a similar substitute Service without undue delay. 9.2 If Supplier has not remedied the error without undue delay taken into consideration the relevant circumstances, Customer may define Supplier, in writing, a fourteen (14) days period for remedy. If the error has not been remedied when this remedy period has passed, Customer is entitled to a reasonable deduction from the price of the Service in question. 9.3 If Customer wishes to lodge a complaint concerning an error in the Service, Customer shall do so within two (2) weeks of the point in time when Supplier has delivered or should have delivered the Service. Supplier’s responsibility for errors presumes that Customer has fulfilled all of his payment obligations. 9.4 If not otherwise agreed in the Agreement, Supplier’s liability for errors is limited to that which is stipulated above in this clause. Customer may not lay other claims against Supplier with respect to errors except as expressly required by law without the possibility of contractual waiver or limitation. 9.5 Supplier does not warrant that the Service shall be uninterrupted and/or error-free. Supplier disclaims all implied warranties or conditions, including, but not limited to, the implied warranties or conditions of satisfactory quality, merchantability and fitness for a particular purpose. 9.6 Supplier´s liability for errors or delays does not extend to errors or delays caused directly or indirectly by Customer or any acts or omissions of Customer or by a third party under Customer responsibility (such as recipient of Customer material). If Customer has reported an error or delay and no error or delay for which Supplier is liable proves to exist, Customer shall compensate Supplier according to Supplier’s valid price list.

SERVICE ERRORS. 12.1 You agree to regularly and promptly review all records, controls, notices, reports, statements, communications and other information available to you with respect to Service transactions to confirm and verify the completion and accuracy of the transactions and any related debits, credits or transfers involving your Service Accounts. You will notify us immediately of any actual or suspected error, discrepancy or unauthorized transaction (collectively, “Service Error”) within the notification period stated in the applicable Service Agreements or User Guides, or, if no notification period is stated in the applicable Service Agreements, no more than five (5) Business Days from the date you knew or reasonably should have known of the Service Error. WITHOUT REGARD TO CARE OR LACK OF CARE ON OUR PART, YOUR FAILURE TO DISCOVER AND REPORT TO US ANY SERVICE ERROR AS SOON AS REASONABLY POSSIBLE AND WITHIN THE APPLICABLE NOTIFICATION PERIOD AS REQUIRED HEREIN WILL BAR ANY CLAIM BY YOU AGAINST US OR OUR THIRD PARTY SERVICE PROVIDERS WITH RESPECT TO SUCH SERVICE ERROR. The notification periods stated in this section apply to all Service Errors affecting your Service Accounts and supersede any longer notification periods that may be stated in the Deposit Account Agreement with respect to deposit accounts in general; provided, however, that if a longer notification period is required by applicable law, such longer notification period will apply. 12.2 If you notify us of Service Errors in accordance with the requirements stated in these TMS General Terms and Conditions or the Service Agreements, our only obligation and responsibility to you is to make commercially reasonable efforts to correct the errors and reprocess the erroneous data. You will pay the applicable Service Fees for such reprocessing unless the error resulted directly and solely from our gross negligence or willful misconduct. 12.3 Immediately upon discovery of a Service Error, you will take all reasonable steps to prevent or mitigate any losses to you, us or a third party as a result of the Service Error. You will fully cooperate with and assist us at your expense with our investigation of, and efforts to resolve, any Service Errors or other problems, including, without limitation, providing us with such information, records and other documentation as we may reasonably request.

SERVICE ERRORS. We will use reasonable efforts to provide the Services in a good and workmanlike manner. If you discover an error in an audit report and submit a valid claim to us within thirty (30) days after receiving such audit report, we will re-perform the Services in question and provide a corrected audit report at no charge to you. This shall be your sole remedy for an error in the Services.