Trial Usage Terms And Conditions

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Terms and Conditions

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For: Trial usage of ePDQ and/or

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ePDQ-Lite July 2006

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This document sets out the terms and conditions relating to your limited trial use of ePDQ and/or ePDQ-Lite. In this document, the words and phrases below have the meanings shown next to them unless stated otherwise: "ePDQ" the service detailed in the ‘about ePDQ’ section of the ePDQ Internet site; "ePDQ Internet Site" the ePDQ web pages contained on the Internet at the address: http://www.epdq.co.uk including changes and updates to those web pages; "ePDQ-Lite" the service detailed in the 'about ePDQ-Lite' section of the ePDQ Internet site; "ePDQ-Lite Internet Site" the ePDQ-Lite web pages contained on the Internet at the address: http://www.epdq-lite.co.uk including all changes and updates to those web pages; "Losses" means any and all losses, claims, damages, costs, charges, expenses, liabilities, demands, proceedings and actions and any fine or penalty levied by a card scheme; "Trial Card Transaction" a test transaction entered into ePDQ or ePDQ-Lite using a Trial Card in accordance with this document; "Trial Card Transaction Details" details of Trial Card Transactions. These must be in a form which we have approved; "Trial Card" a payment card which we provide to you to be used with ePDQ and/or ePDQ-Lite in accordance with this document for trial purposes only; "we, us, our" Barclays Bank PLC including any business or other person we may transfer our rights to under this document; "you, your" the person/business who is undertaking the limited trial use of ePDQ and/or ePDQ-Lite. If two or more people are undertaking the limited trial each of you is liable to us individually as well as jointly. "You" and "your" includes your personal representatives after your death (this does not apply to companies). In this document, references to any enactment shall be deemed to include references to such enactment as re-enacted, amended or extended and any subordinate legislation made from time to time under it. 1.

YOUR RESPONSIBILITIES

1.1 ePDQ and/or ePDQ-Lite trial 1.1.1 Your use of ePDQ and/or ePDQ-Lite shall be limited to the scope of use set out in this document and solely for the purposes of your evaluation of ePDQ and/or ePDQ-Lite. 1.1.2 If you wish to subscribe to ePDQ and/or ePDQ-Lite following this trial, you acknowledge that you must enter into a new agreement with us governing your use of ePDQ and/or ePDQLite. 1.2 Trial Card Transaction Details 1.2.1 You must only send to us Trial Card Transaction Details via ePDQ and/or ePDQ-Lite. You must not send to us details in respect of any other payment card. 1.2.2 If you fail to follow these instructions you will be in breach of your obligations to us under this document and in addition to any other rights we may have, we may terminate this trial.

1.3 Security Requirements 1.3.1You must comply with the security requirements set out on the ePDQ Internet site and any changes to these requirements that we inform you of from time to time. 1.3.2 We will provide you with a unique username and password to use ePDQ and/or ePDQ-Lite. You will keep the username and password secure and confidential at all times and you shall not disclose those details to any third party (including employees, agents and subcontractors) without our prior written consent. Should we allow you to disclose those details to a third party, you shall be responsible for ensuring that they are used in accordance with the terms of this document and that they are kept secure and confidential at all times. 1.3.3 In the event that your username and/or password is lost, stolen, copied or otherwise disclosed or accessed by a third party without your permission, you shall immediately notify us. 1.3.4 You shall ensure that your method of internet access is secure at all times. In the event that you intend to remotely access ePDQ and/or ePDQ-Lite you shall ensure that the method of connection is secure. You shall take all steps necessary to ensure that on each occasion before you access ePDQ and/or ePDQ-Lite, your system is free from any virus which may adversely affect operation of ePDQ and/or ePDQ-Lite and/or compromise the protection and security requirements detailed in this Condition 1.3. 1.4 Third party transactions You must not allow anyone else to use equipment which would allow them to carry out payment card transactions using either ePDQ or ePDQ-Lite. 2.

PROTECTION AND SECURITY If a claim is made or a defence is raised against us because of something you do or fail to do, or if you breach your obligations to us under this document, you must indemnify us. This means that you must pay the full amount of our losses, liabilities, costs and payments in any way to do with the claim, defence or breach of your obligations to us under this document. This includes full investigation, administration and legal costs.

3. LIMIT ON OUR LIABILITY 3.1 You acknowledge that we are providing the right to use ePDQ and/or ePDQ-Lite on a trial basis and for no valuable consideration. As such, you accept that, subject to paragraph 3.4, we shall have no liability to you for any Losses which you suffer resulting from any failure by us to comply with our obligations set out in this document (however caused). 3.2 In any event, you acknowledge that, subject to paragraph 3.4, we will not be liable to you in any circumstances for: 3.2.1 loss of business; 3.2.2 loss of reputation; 3.2.3 loss of opportunity; 3.2.4 loss of profit; and 3.2.5 any type of special, consequential or indirect loss whatsoever.

DISCLAIMER THIS COLOUR BAR IS PRODUCED

MANUALLY ALL END USERS MUST CHECK FINAL SEPARATIONS TO VERIFY COLOURS BEFORE PRINTING

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3.3 If you wish to make a claim on us under this document you must notify us and give us such details of the loss as we may request as soon as you have identified it and in any event within six months after you become aware or should reasonably have become aware of the event or omission on which your claim is based. If you do not do so we will not be liable to you. 3.4 Nothing in this document shall operate to exclude or restrict any party's liability for: 3.4.1 death or personal injury resulting from negligence; or 3.4.2 fraud or deceit. 4.

CONFIDENTIALITY You must not use any information about our business unless it is to do with the arrangements under this document.

5. ENDING THIS TRIAL 5.1 The trial shall commence on the date that you expressly accept the terms and conditions of this document and shall continue for the agreed period at which time the Agreement shall automatically expire. 5.2 As this is a free trial of ePDQ and/or ePDQ-Lite, you acknowledge that we may end the trial by giving you immediate written notice at any time. 5.3 You may end this Agreement at any time by giving us written notice. 5.4 If this Agreement ends, you will continue to be liable to us for all obligations which arose before the date the Agreement ends. Paragraphs 1.4, 2, 3, 4, and 6 will continue after the trial ends.

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UNENFORCEABLE TERMS If any condition of this Agreement is or becomes illegal or unenforceable then it will be deemed to be deleted from this Agreement and will not affect the enforceability of the other provisions of this Agreement.

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LAW This Agreement is governed by English law. You and we must both keep to all laws which apply to us as a result of the arrangements in this Agreement.

9. USING INFORMATION ABOUT YOU AND YOUR BUSINESS 9.1 We may disclose your information if we have a duty to do so or if the law allows us to do so. 9.2 If you are an individual you can request a copy of your information from us. We may charge a fee for this service. 9.3 We may record calls for staff training and monitoring purposes.

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6. TRANSFERRING OR SHARING THE TRIAL 6.1 You may not transfer any of your rights under this document to any other person. You may not allow anyone else to do any of the things which you are allowed or obliged to do under this document unless we have agreed beforehand in writing that that person can act as your agent or subcontractor. We may withdraw our agreement at any time. If we agree that you can have an agent or subcontractor then you will be responsible for making sure that they keep to the relevant terms of this document. 6.2 You are liable for anything an agent, sub-contractor or employee of yours (or anyone who could reasonably be taken to be an agent, sub-contractor or employee of yours) does or fails to do. 6.3 We may subcontract any of our responsibilities under this document to anyone we choose.

This document is available in large print, Braille and audio format by calling 0870 60 600 60* * Calls may be monitored or recorded to maintain high levels of security and quality of service. Calls will cost no more than 8p per minute, (current at July 2006) for BT customers. The price on non-BT phone lines may be different. Barclaycard Business is a trading name of Barclays Bank PLC. Registered in England. Registered No: 1026167. Registered Office: 1 Churchill Place, London E14 5HP.