Online Banking Agreement Effective 13 January 2018
Online Banking Agreement 1. Who is this agreement between 1.1. These terms set out the agreement between you (the person or persons who registered for our Online Banking service) and HSBC Private Bank (UK) Limited. 1.2. We, us and our refer to HSBC Private Bank (UK) Limited. HSBC Private Banking is a marketing name used to describe the private banking services we provide. HSBC Group means HSBC Holdings plc, and its subsidiaries, affiliates, associated entities and any of their branches and offices, and any member of the HSBC Group has the same meaning. 1.3. No third party has any rights under these terms. 2. How do these terms fit with your other agreements with us? 2.1. These terms govern the use of our Online Banking services (available online through www.hsbcprivatebank.com) to access your accounts and related services. They supplement and are additional to our Banking Services Terms and Conditions ( Banking Terms ) and form part of your overall agreement with us, as set out in the Banking Terms. 2.2. If there is a conflict between these Online Banking terms and the Banking Terms these terms will apply. Note: You can find information and tips about using our online services, including how to keep your accounts secure when you login to Online Banking and on our website. We will communicate with you at all times in English. Some Online Banking features may not be available depending on your computer, mobile device or operating system. You may not be able to access all the products and services we offer through Online Banking. We can restrict access to Online Banking for any of the reasons set out in your Banking Terms. We may add products and services you receive (individually or jointly with someone else) from us, another HSBC Group company or certain other third parties to your Online Banking access. 2.3. By using our Online Banking services, you agree to these Online Banking terms. 2.4. We do not charge for our Online Banking services but your network operator may charge you for using the internet. 3. Registration and using the service 3.1. You can use Online Banking to view your accounts and give us instructions on them in accordance with your Banking Terms. Full details of the functionality can be found in our client guide(s). 3.2. If you are a business or have allowed someone else to operate your account in accordance with your Banking Terms, you can nominate: a. A primary user who will have full control of your business bank accounts when accessed using Online Banking and will have the authority to delegate various access and/or control rights to other; and b. Secondary users, who will have more restricted functionality. 2/8
3.3. Each user can appoint an administrator to act on their behalf. We will treat any administrator as having the same authority as a secondary user. 3.4. You shall ensure that any primary user, secondary user, and/or administrator only use Online Banking in accordance with all terms of these terms and the Banking Terms (including the client guide(s) and any terms appearing on or incorporated in the HSBC Private Bank Site). 4. Secure messaging services 4.1. If we make secure messaging services available to you, you may send us and we may send you secure e-messages using Online Banking. 4.2. You must not send us messages: 5. Availability a. in relation to matters for which there is specific functionality on Online Banking e.g. to make a payment; b. which require immediate attention, such as reporting loss or theft of cheques or cards and/ or stopping a payment or in any other circumstances where your account terms provide that you must tell us in a particular way; or c. which are requests of a transactional nature e.g. share dealing or fund management instructions. 5.1. The Online Banking service will be available at all times, unless: we are making changes to our systems or we cannot provide the services for technical, security, legal or regulatory reasons or due to unusual events or circumstances beyond our reasonable control (for example, if a service provider stops providing services for any reason); or your internet connection, mobile device or network fails. 5.2. You will still be able to use your accounts (e.g. through the Personal Telephone Banking Service) so we will not be liable to you if Online Banking is unavailable. 5.3. All business clients are strongly recommended to engage a third party bureau to provide back up for making payments should the Online Banking service be unavailable for any reason. This is particularly important for business clients paying salaries, wages or suppliers. For information on third party bureaus please contact your relationship manager. 6. Security devices In order to access Online Banking we may provide you with tokens, devices or procedures to access or facilitate access to Online Banking. We refer to these things as Security Devices. 6.1. We grant you a non-exclusive, non-transferable licence to use any Security Device and/or to install any Security Device. Title to and rights in the Security Devices belong to us and, except for the specific rights granted to you by this licence, neither you nor any primary user, secondary user, or administrator will acquire any rights whatsoever to the Security Devices, which will remain the property of the Bank. 6.2. We will make all reasonable efforts to ensure that any Security Device that we provide to you will perform as necessary to permit access to Online Banking as and when required. You will notify us immediately if any Security Device fails to function correctly. 6.3. We shall have no liability for breach of any implied term as to satisfactory quality, merchantability or fitness for purpose of any Security Device. 6.4. You must take reasonable care of any Security Device so that it does not become lost, damaged or faulty. We can charge for any replacement Security Device where you have failed to take reasonable care of it. 3/8
7. Our liability to you 7.1. We provide Online Banking as is. We do not give any guarantee as to how you may use it or what it allows you to do. 7.2. We will take reasonable care to ensure that any information we provide to you through Online Banking is an accurate reflection of the information we hold or, if it is provided by a third party, that it accurately reflects the information we receive. Where information is provided by a third party we cannot guarantee that it is accurate or error free. We will explain when you use Online Banking if information we provide is subject to restrictions or if we provide it on a specific basis (for example, if it is only accurate at a particular date). 7.3. We will use reasonable skill and care to ensure that Online Banking is safe and secure and does not contain viruses or other damaging property, for example by incorporating security features into it, however, we cannot guarantee that this will be the case or that no damage will occur to your data, software, computer, mobile device or other digital content. If we fail to comply with this and you suffer loss and/or damage to your data, software, device, digital content and/or other equipment, we will be liable. 7.4. We will not be responsible for: a. any equipment, software or user documentation which someone other than us produces for use with Online Banking; b. any service you use to access Online Banking or which you access through Online Banking which we do not control; or c. any event or circumstances beyond our reasonable control which leads to Online Banking being wholly or partly unavailable such as, but not limited to, scheduled maintenance (as you will still be able to contact us in other ways), technical breakdown, strikes or other industrial action or communications or mechanical failure. 7.5. If you use Online Banking outside the UK we will not be liable to you if this does not comply with any local laws. 8. Things you should not do 8.1. You must not use Online Banking for anything other than accessing and managing your accounts. In particular, you must not: a. use it for anything illegal or inconsistent with these terms; b. seek to copy, reproduce, modify or tamper with it in any way; c. attempt to make any income directly from using it; d. use it on a device or computer which contains or is vulnerable to viruses or other damaging properties or which does not have up to date anti-virus, anti-spyware software, firewall and security patches installed on it; e. use it in a way that could damage or affect our systems or security or interfere with other users, or restrict or inhibit anyone else s use of digital banking; or f. collect data from us or our systems or attempt to decipher any transmissions to or from the servers running any of the functions provided by our services. 4/8
9. General 9.1. We (or another member of the HSBC Group) own or have a licence to all content and material used in digital banking and its arrangement. Your use in accordance with these terms of any software supplied to you for use in connection with Online Banking or any content, tools or other materials made available to you via Online Banking will not infringe the intellectual property rights of any third party. 9.2. We may transfer our rights and our obligations under these terms to someone else. We will tell you if we do this. You cannot transfer any of your rights and obligations under these terms to anyone else. 9.3. We may at any time appoint one or more agents to provide all or any part of the Services and references to we, us or our will include references to such agents. You agree that such parties shall have the benefit of any provisions of these terms which limit our liability. 10. Governing law and jurisdiction 10.1. These terms are governed by and construed in accordance with English law and all claims and disputes (including non-contractual claims and disputes) arising out of or in connection with it and/or its subject matter, negotiation or formation will be determined in accordance with English law. English law will also apply to our dealings with you prior to the conclusion of these terms. 10.2. You and we submit to the non-exclusive jurisdiction of the courts of England and Wales in relation to all claims, disputes, differences or other matters (including non-contractual claims, disputes, differences or other matters) arising out of or in connection with the these terms. 11. Important information 11.1. Trademarks HSBC, HSBC Private Bank and our Hexagon logo are registered trademarks. 11.2. How to make a complaint If at any time you have a complaint or you are not satisfied with the service we have provided, please contact us by: writing to: Chief Executive Officer, HSBC Private Bank (UK) Limited, 78 St James s Street, London SW1A 1JB; or call us on: +44 (0) 20 7860 5000. We will send you a written acknowledgement within five business days and keep you informed of our progress until your complaint has been resolved. We will do everything we can to sort out the problem. For further details about how we handle complaints, you can ask us for a copy of our complaints handing procedure at any time. If you still remain dissatisfied, you may be entitled to refer your complaint to the Financial Ombudsman Service (FOS). They can be contacted at: Financial Ombudsman Service, Exchange Tower, London E14 9SR. Alternatively, you can e-mail them at: complaint.info@ financial-ombudsman.org.uk, call them on 0800 023 4567 (if calling from a landline) or 0300 123 9123 (if calling from a mobile), or visit their website at www.financial-ombudsman.org.uk. Should you decide to refer your concern to the FOS you must do so no later than six months from the date on our final response letter. 5/8
11.3. How your money is protected We are covered by the Financial Services Compensation Scheme (FSCS). The FSCS can pay compensation to depositors if a bank is unable to meet its financial obligations. Most depositors are covered by the scheme. In respect of deposits, an eligible depositor is entitled to claim up to the current FSCS limit for deposits. For joint accounts each account holder is treated as having a claim in respect of their share so, for a joint account held by two eligible depositors, each depositor would have a claim up to the FSCS deposit limit and so the maximum amount that could be claimed in total would be twice the current FSCS limit. The FSCS deposit limit relates to the combined amount in all the eligible depositor s accounts with the bank, including their share of any joint account, and not to each separate account. 11.4. For further information about the compensation provided by the FSCS (including the amounts covered and eligibility to claim) please speak to your Relationship Manager, refer to the FSCS website www.fscs.org.uk or call the FSCS on +44 (0) 20 7741 4100 or 0800 678 1100. 11.5. Ta x e s You may have to pay other taxes or costs in relation to these terms that are not imposed by us or paid through us. 11.6. How we are authorised HSBC Private Bank (UK) Limited is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. 6/8
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Issued by HSBC Private Bank (UK) Limited We are a member of the HSBC Group, one of the world s largest banking and financial services organisations. HSBC Private Bank (UK) Limited 78 St James s Street London SW1A 1JB United Kingdom T +44 20 7860 5000 F +44 20 7860 5001 HSBC Private Bank (UK) Limited 2017. All rights reserved. Registered in England number 499482 VAT no. GB 365 6845 14 Registered office: 8 Canada Square, London E14 5HQ Authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and Prudential Regulation Authority. GPS5394 www.hsbcprivatebank.com