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Article 2 | Application procedure |
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2.1 | Any Institution that intends to submit an Application to perform a Role in the iDEAL Scheme must submit a request by sending in the Application Form for a Licencee or Certificate Holder (last one is also applicable voor the Accredited CPSP Role). |
2.2 | Any Applicant who wishes to perform a Role must submit the relevant Application Form included in the addendum and the this appended to these Acceptance Regulations. This form must be completed, signed and submitted. It must be clear from the Application Form for which Requested Role the Applicant is submitting an Application. |
2.3 | The Applicant will receive the documentation set for the Requested Role and then must perform a Control Self-Assessment (CSA) in accordance with the provisions of Article 3 at its own expense. |
2.4 | The documents listed in the description of the Requested Role in the iDEAL Rules & Regulations (R&R) must be submitted with the CSA. |
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Article 3 | Assessment procedure |
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3.1 | The Applicant gives assurance to Currence that the CSA will be performed in accordance with the Certification or Accreditation Procedure provided by Currence and the requirements stipulated in these Acceptance Regulations. |
3.2 | After the CSA has been completed the Applicant must inform Currence in writing of the results of the review, and it must record these results in the CSA form which will be provided by Currence. This report must comply with (i) any general requirements pertaining to form and specific instructions issued by Currence, (ii) the requirements laid down by Currence with regard to the contents, including the Certification and Accreditation Procedure and (iii) the requirement that the report must be sufficiently detailed to allow Currence to gain insight into the extent to which the Applicant complies with the iDEAL R&R with respect to the requested Role. |
3.3 | At the moment when the Applicant submits the CSA form referred to in Article 3.2 to Currence, no more than 6 months must have elapsed lapsed since the date of receipt of the Application by Currence. If a longer period has elapsed, the Applicant must submit a new Application and repeat the procedure set out in these Regulations. |
3.4 | If (i) Currence finds on the basis of the assessment report that the Applicant meets the iDEAL R&R, (ii) the Applicant has, on upon request, shown to the satisfaction of Currence that the assessment procedure referred to in this Article has been performed in accordance with these Acceptance Regulations, (iii) the CSA form meets the requirements it is subject to, (iv) Currence is not aware of any facts or circumstances that in the opinion of Currence would prevent the Applicant from performing the Requested Role and (v) the review (if any) referred to in Article 3.5 shows that the Applicant complies with the iDEAL R&R, Currence will make the Applicant an irrevocable written offer to conclude an Agreement for the Requested Role. In that case, Currence will, after receiving the assessment report referred to in Article 3.2, supply the Applicant with an Agreement for the Requested Role for signing or notify the Applicant in writing that Currence is exercising its rights as set out in Article 3.5. The offer will lapse if the Agreement is not accepted in the form as submitted to the Applicant within 30 days of the date of the offer. The provisions of Section 6:225 (2) and (3) of the Dutch Civil Code are hereby expressly excluded. |
3.5 | On the basis of the assessment report referred to in Article 3.3, Currence will have the right – without prejudice to any other rights of Currence – to conduct a review of the extent to which the Applicant is complies with the iDEAL R&R. If the review reveals that the Applicant meets the iDEAL R&R, Currence will make the offer in accordance with Article 3.4. |
3.6 | The Applicant is required to grant Currence and third parties contracted by Currence immediate access to all documents and reports and to the underlying information, systems, areas and individuals and the Applicant shall grant all other assistance reasonably requested which, in the opinion of Currence, is necessary in order to permit Currence to conduct the review referred to in Article 3.5. |
3.7 | The Applicant will be obliged to provide Currence with information without delay and, upon first request by Currence, to hand over all documents which are relevant in the view of Currence in relation to the assessment referred to in Articles 3.5 and 3.6. |
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Article 5 | Exclusion from liability |
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5.1 | All liability on the part of Currence vis-à-vis the Applicant for any (direct or indirect) loss or damage arising from or related to the Application, including the acceptance procedure Certification Procedure described in these Acceptance Regulations, is expressly excluded, except if and to the extent that the loss or damage is the result of deliberate intent (opzet) or gross negligence (grove nalatigheid) on the part of Currence. |
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