INTERNET BANKING SERVICE TERMS AND CONDITIONS - revised with effect from 25 March

 

1 ABOUT THIS CONTRACT - DEFINING THE TERMS

 

1.1 A definition of the references used in this contract follow:

References to "you", "your" and "yours" means the person requesting the Internet Banking Service. References to "we", "us" and "our" means HSBC Bank International Limited.

The "Internet Banking Service" or the "Service" is the service provided by us described in the Terms. Once you have used your Security Details to log on to the Service you can access information and give us Instructions in respect of certain accounts which you hold with us, apply for accounts, products and services online and send and receive secure e-messages. The "Terms" mean these Terms and Conditions together with information contained within the `Help' pages of the Service and any supplementary terms which we notify to you under Clause 10.3 below, as amended from time to time.

The "FAQs" means the guidance and information set out on screen behind the "FAQs" link within the Service and all other customer guides issued by us in connection with the Service, as amended from time to time.

The "Contract" means the contract entered into between us and you when you accept the Terms in accordance with Clause 1.2 below
.
An "Instruction" is any request or instruction to us sent from within the Service after you have logged on to the Service using your Security Details.

The "Security Details" are the details which we request you to provide in order to log on to the Service or any particular functionality within the Service. They include your Personal Banking Number or Username, the Memorable Answer to your Memorable Question, your Password and any other security details which we may require you to set up from time to time in order to log-on to or use the Service.

The "Website" is HSBC Bank International Limited's website at www.offshore.hsbc.com or such other website as we may notify you of from time to time.

1.2 The Terms may be accepted online by following the instructions on the relevant screen page. In addition you agree that any use by you of the Service shall constitute your acceptance of the Terms. We recommend you save or print a copy of the Terms for your records.

2 YOUR SECURITY DUTIES - TO KEEP YOUR INTERNET BANKING SECURE

2.1 You agree to comply with the Terms and the security procedures detailed in them. You also agree to comply with any instructions or recommendations we may issue to you from time to time about security when using the Service or the Website.

2.2 You must keep all your Security Details secure and secret at all times and take steps to prevent unauthorised use of them. For example:

(a) Never write or otherwise record any Security Details in a way that can be understood by someone else.
(b) Never tell any of your Security Details to anyone else including our staff.
(c) Destroy any advice from us concerning your Security Details promptly after receipt.
(d) Avoid choosing Security Details which may be easy for others to guess. Never record any of your Security Details on any software which retains it automatically (for example, any computer screen prompts or `save password' feature or the like on your internet browser).

2.3 You agree that you will only access the Service using a computer which has installed on it up-to-date anti-virus and anti-spyware software, a firewall and security patches.

2.4 Once you have logged on to the Service, you must not leave the internet terminal at any time or let anyone else use the internet terminal until you have logged off the Service. You will be responsible for ensuring that you have logged off the Service and closed down the browser you have used for connection to that service at the end of any session. In particular please ensure that you remember to log off the Service at the end of your session if you visit another area of the website whilst still logged on to the Service.  A blue "LOG OFF" icon will be on the screen to remind you to do this.

2.5 You must not access the Service from any computer connected to a local area network (LAN) or public internet access device or access point without first making sure that no one else will be able to observe or copy your access to the Service by pretending to be you.

2.6 You must tell us immediately of any unauthorised access to the Service or any unauthorised transaction or Instruction which you know of or suspect or if you suspect someone else knows any of your Security Details . In these circumstances you must also change any such Security Details immediately to something you have not used before. We will need you to help us and the police in trying to recover any losses. We may disclose information about you or your account to the police or other third parties if we think it will help prevent or recover losses.

2.7 You agree to carefully check your records of transactions and statement of accounts and inform us immediately of any discrepancy.

3 PROCESSING YOUR INSTRUCTIONS RECEIVED VIA INTERNET BANKING

3.1 You request and authorise us to rely and act upon all apparently valid Instructions as instructions properly authorised by you, even if they may conflict with any other mandate given at any time concerning your accounts or affairs and to debit your accounts with the amounts we have paid or incurred in accordance with these Instructions.

3.2 An Instruction will only be accepted by us if it has been sent from within the Service after you have logged on using your Security Details. We may refuse to act on an Instruction if a transaction exceeds a particular value or other limit or if we know of or suspect a breach of security. Please refer to the `FAQs' or the `Help' pages within the Service for details of limits imposed upon transactions carried out through the Service.

3.3 You agree that we can act on any Instructions given to us including deducting money from your account even if these Instructions were not authorised by you. However, your liability for transactions or Instructions which have not been authorised by you will be limited in the way set out in Clause 4 below.

3.4 We are not liable for any failure by any third party to execute instructions or for any delay or other shortcoming of any such party when executing our instructions to them, howsoever caused.

3.5 We may suspend any service provided to you under the Service without notice where we consider it necessary or advisable to do so. For example we may do so when :
· there is a suspected breach of security or
· you fail to take reasonable care to ensure the security of your use of the Service
· we need to suspend the Service for maintenance or other reasons.

3.6 We will use reasonable efforts to promptly inform you through the Service, and/or our website, if any aspects of the Service are not available.

3.7 Please take care to ensure all instructions are accurate and complete. We cannot take responsibility for errors which arise from inaccurate or incomplete Instructions issued by you.

3.8 A transaction is not always simultaneous with an Instruction being given. Some matters may take time to process and certain instructions may only be processed during normal banking hours even though the Service may be accessible outside such hours.

 

4 YOUR LIABILITY FOR UNAUTHORISED INSTRUCTIONS

4.1 You will be responsible for all losses (including the amount of any transaction carried out without your authority) if you have acted without reasonable care so as to facilitate that unauthorised transaction, or where you have acted fraudulently. For the purpose of this Clause 4 acting without reasonable care shall be deemed to include your failure to observe any of your security duties referred to in Clause 2 of these Terms.

4.2 We will refund you the amount of any transaction carried out in accordance with any Instruction where your Security Details have been used without your authority other than in the circumstances set out in Clause 4.1 above. Where we are liable for any transaction, we will credit your account with any money lost up to the amount of the transaction, and any related interest and charges. We will have no further liability to you.

4.3 Once you have notified us of any unauthorised access to the Service or unauthorised transaction or Instruction or that you suspect that someone else knows any of your Security Details, you will not be responsible for any unauthorised transactions or Instructions carried out after we have had reasonable time to suspend the Service in respect of your account(s), unless we can show you have acted fraudulently.

5 OUR LIABILITY TO YOU

5.1 We will take reasonable care to ensure that any information provided to you by the Service is an accurate reflection of the information contained in our computer systems or, where the information is provided by a third party, accurately reflects the information we receive from that third party. Due to the nature of the product and circumstances beyond our control we do not warrant that the information provided by the Service is accurate or error free.

5.2 You agree that unless we have specifically agreed with you otherwise, we shall have no liability whatsoever for any equipment, software or associated user documentation which any party other than us produces at any time for use in connection with the Service or any services through which you access, or which you access through, the Service which are not controlled by us.

5.3 We shall not be liable to you for any loss you suffer due to any event or circumstances beyond our reasonable control which leads to the Service being wholly or partly unavailable such as but not limited to technical breakdown, strikes or other industrial action (whether or not involving our employees) or communications or power failure.

5.4 We are not obliged to monitor your use of the Service for any failure by you to carry out your obligations under these Terms including your security duties under Clause 2 above or to notify you of any such failure.

5.5 Continued provision of the Service when you are in breach of these Terms, whether or not we have knowledge of such breach, shall not prejudice or constitute a waiver of our rights under these Terms (including without limitation Clause 4 above) which shall remain in full force and effect.

6 ACCOUNT TYPES

6.1 Not all accounts may be accessed under the Service. For details of accounts which are currently accessible and how you may select and deselect such accounts for the Service please refer to the `FAQs' or the 'Help' pages within the Service.

 

7 INTERNET BANKING RECORDS AND TRANSACTION TERMS

7.1 Our records, unless proven to be wrong, will be evidence of your dealings with us in connection with the Service.

7.2 You agree not to object to the admission of our records as evidence in any legal proceedings because such records are not originals, are not in writing or are documents produced by a computer.

7.3 Where you give us an Instruction or otherwise use the Service these Terms will apply in addition to any existing 'Terms of Business' between us and you in respect of particular accounts, products or services or generally including but not limited to the `Terms of Business' provided to you when you first opened an account with us. In the event of any inconsistency these Terms will apply.

8 COPYRIGHTS, TRADEMARKS AND COPYING MATERIALS

8.1 Please note that HSBC and the Hexagon logo are registered trade marks.

8.2 We have a licence for and own all copyrights for the Website and all trade marks and other materials used on it.

8.3 You are only allowed to print, copy, download or temporarily store extracts from the Website for your personal information or when you use the Service. Any other use is prohibited unless you first get our written consent.

9 INFORMATION ABOUT YOU

Full details of how we process your personal data can be found in the 'Your Information' section of the 'Terms of Business' and/or the terms which are applicable to any other account, product or service which you can access through the Service.

10 FEES, SUPPLEMENTARY TERMS, CHANGES TO AND TERMINATION OF THE CONTRACT

10.1 You are liable for any telephone charges and any charges made by your Internet Service Provider as a result of the use by you of the Service.

10.2 Currently we do not make any specific charges for using our Service, although we reserve the right to do so in the future. However, before any such charges are made we will give you 30 days notice personally. You may terminate the Contract in accordance with Clause 10.4 below. If you choose to continue to use the Service after the charges take effect you authorise us to debit any of your accounts with such charges.

10.3 We may modify these Terms from time to time. If the change is to your disadvantage we will give you 30 days notice personally before we make the change. We may make any other change immediately and tell you about it within 30 days. Notice will be given in writing, by email or electronically over the Service. We may make changes (including changes to layout) to the Website without prior notification to you.

10.4 We may decline to open an account, refuse an application, or suspend the use of or request the closure of an account without giving a reason for any such decision.

10.5 If we wish to end our banking/account relationship with you we will give you at least 30 days' notice in writing unless there are circumstances which justify us in closing the banking/account relationship on earlier notice. You must repay any money owed to us including the amount of
any cheques you have issued or card transactions you have made, which are paid by us, other HSBC Group companies or any other third party after closure and return any cards we have issued to you and any unused cheques.

11. ONSCREEN ADVERTISING

We will use information which we hold about you as our customer to ensure that the accounts, products and services which we tell you about on screen are those most likely to be of interest and relevance to you. We may also tell you about any special offers or rates that you may be entitled to. If you would prefer us not to use your information in this way please tell us.

12 SECURE EMESSAGING

12.1 If we make this facility available to you, you may send us and we may send you secure e-messages over the Service through the "My Messages" function.

12.2 If you send us a message we will aim to respond to you within 2 working days. If, for any reason we are not able to respond within this period or at all we will still aim to let you know within 2 working days. Please be aware that once you have sent a request we may not be able to reverse it before it is implemented.

12.3 You must not send us messages:-
a) in relation to matters where there is a specific functionality available on the Service eg to notify us of a change to your address or to make a payment;
b) which require immediate attention (please telephone us instead on +44 1534 616000);
c) which are requests of a transactional nature e.g. fund management instructions;
d) which are requests to open or amend or renew existing insurance policies;
e) reporting the loss or theft of cheques and/or debit or credit or any other cards (please telephone us instead);
f) on behalf of any third party or in respect of our dealings with any third party;
g) which are offensive, frivolous or otherwise inappropriate.

If you do so we may at our absolute discretion remove the "My Messages" facility or terminate our Contract in accordance with clause 10.5 above.

12.4 We may send you messages concerning any accounts, products or services which you have with us, including the Service, about the Website, or about any other service related matters. If you have agreed, we may also send you messages about accounts, products or services (including mortgages) of ours or those of other HSBC Group companies or selected third parties which we think may be of interest to you.

13 ONLINE APPLICATIONS

13.1 Some of our accounts, products or services can be applied for online. All such accounts, products and services will be subject to Terms and Conditions which will be provided to you at the time you apply online or will be sent to you after receipt of your online application.

13.2 Under no circumstances should the availability of an online application be construed as an offer to provide you with the account, product or service either on particular terms or at all. We reserve the right to decline applications.

14 ENCRYPTION

14.1 You should be aware that we use a very high level of encryption. The use of such levels of encryption may be illegal in certain jurisdictions. It is your responsibility to ensure that your ability to use the Service is permitted by local law and we shall not be liable for any loss or damage suffered by you as a result of not being able to use the Service in these jurisdictions.

14.2 Due to the nature of the Service, we will not be responsible for any loss of or damage to your data, software, computer, telecommunications equipment or other equipment caused by you using the Service unless such loss or damage is directly and solely caused by our negligence or deliberate default.

15 AGENCY, NOTICES AND LAW

15.1 We may at time appoint one or more agents to provide all or any part of the Service and references to "we", "us" or "our" will include references to such agents.

15.2 All notices (including any amendments to the Terms) given in writing, by email or electronically over the Service (including by secure e-message) will be deemed to have been received by you 5 days from dispatch to the last postal or email address provided by you or the dispatch of the secure e-message or the posting of the notice over the Service .

15.3 If any part of the Terms proves to be unenforceable in any way, this will not affect the validity of the remaining Terms. Any relaxation by us of any other terms from time to time does not affect our right to enforce the Terms strictly at any time.

15.4 The contract and our dealings with you before the Contract is entered into are governed by the laws of Jersey, Guernsey or the Isle of Man, depending on where your account is held. You and we submit to the non-exclusive jurisdiction of the courts of Jersey, Guernsey or the Isle of Man as appropriate.

We hope everything in these Terms and Conditions is clear and readily understood. If you have any queries please call our International Direct Banking on +44 1534 616000.