HSBC

Business
English

Effective from 16 January 2023 for Business Internet Banking
 
TERMS and CONDITIONS

BUSINESS INTERNET BANKING AGREEMENT

The use of any and all services at or under Business Internet Banking shall at all times be governed by the following terms and conditions.

The terms and conditions governing Business Internet Banking are those appearing from time to time on our Website.

1. INTRODUCTION

1.1 The Customer wishes to use the Business Internet Banking Service provided by the Bank and the Bank is willing to make the Business Internet Banking Service available to the Customer.
 
1.2 The Customer and the Bank agree that the Business Internet Banking Service shall be supplied to the Customer subject to the terms and conditions contained or referred to in this Agreement.
 
1.3 The Customer will acting through Customer Delegate(s) access the Business Internet Banking Service through the hsbc.com Site.
 
1.4 By signing the Enrollment Form and returning it to the Bank the Customer agrees to be bound by the terms of this Agreement.
 
1.5 Defined terms used in this Agreement are set out below:
 
'Agreement' This Agreement as modified from time to time in accordance with the terms of this Agreement, including any supplementary terms for the provision of the Business Internet Banking Service published from time to time which shall form part of this Agreement and any other Business Internet Banking documents (including all Business Internet Banking Customer Guide) mentioned in this Agreement.
 
'Bank' (also 'we', 'us', 'our') The Hongkong and Shanghai Banking Corporation Limited
 
'Business Internet Banking' The HSBC Group's business Internet banking available through the Internet.
 
'Business Internet Banking Customer Guide' The welcome letter, the Business Internet Banking brochure, the welcome guide, the security guide and all customer guides, manuals, help text or similar documents (whether in hard copy or in electronic form) issued by us to you at any time in any format for use with the Business Internet Banking Service.
 
'Business Internet Banking ID' The user short name for the Business Internet Banking Service designated (whether by the Bank, the Customer or the Customer Delegate as the Bank shall prescribe) for use and/or used by the Customer Delegate.
 
'Business Internet Banking Service' Any banking product or service provided by the Bank or via the Bank to the Customer using Business Internet Banking.
 
'Customer' (also 'you', 'your', 'yours') The Customer named on the Enrollment Form.
 
'Customer Delegate' Any of the Primary User(s) or Secondary User(s) who are authorised from time to time to use the Business Internet Banking Service.
 
'Customer Instruction' Any request or instruction that is received by the Bank through Business Internet Banking.
 
'Digital Certificate' A security certificate that is issued to each Customer Delegate by the Bank or a member of the HSBC Group, to be used in conjunction with a Password to enable the Customer to access the hsbc.com Site, Business Internet Banking, or to effect Customer Instructions (as applicable).
 
'Direct Banking Service' Such support services as shall be made available to the Customer in connection with the Business Internet Banking Service from time to time.
 
'Enrollment Form' The enrollment form provided to the Customer by the Bank for the purpose of applying for access to Business Internet Banking.
 
'HSBC Group' HSBC Holdings plc and its subsidiary and associate undertakings, or any of their branches.
 
'Information' Financial, market or other information and data in the form of reports compiled in any form, medium or means supplied by an Information Provider.
 
'Information Provider' A person who supplies any Information and this expression shall also include a person who supplies Information to an Information Provider.
 
'hsbc.com Site' The HSBC portal through which you access Business Internet Banking.
 
'Institution' (i) Any member of the HSBC Group (other than the Bank) and (ii) any third party financial institution which the Customer has notified to the Bank should be treated as an Institution for the purposes of this Agreement.
 
'Notification Service' The service described in Clause 20 of this Agreement.
 
'Online' By way of Internet access to Business Internet Banking through the hsbc.com Site.
 
'Password' Any confidential password, phrase, code or number, or any other identification whether issued to the Customer or any Customer Delegate by the Bank or adopted by the Customer or any Customer Delegate (including any username and Security Code) which may be used to access the hsbc.com Site and/or Business Internet Banking and/or the Business Internet Banking Service and/or to effect Customer Instructions.
 
'Primary User' The Customer Delegate entrusted with responsibility for the initial Business Internet Banking portfolio registration and the Customer's on-going use of Business Internet Banking as described in the Business Internet Banking Customer Guide.
 
'Reports' A report or reports compiled from Information in any form, medium or means.
 
'Secondary User' A Customer Delegate appointed by the Primary User.
 
'Security Code' A one-time password generated by the Security Device for use by a Customer Delegate to access the hsbc.com Site and/or Business Internet Banking and/or certain Business Internet Banking Service.
 
'Security Device' An electronic device designated by the Bank for use by each Customer Delegate to generate the Security Code.
 
'Services' Any one or more of the services or products made available to the Customer by the Bank at any time and from time to time including without limitation, credit facilities and the account services.

2. THE SERVICE

2.1 The Business Internet Banking Service enables you to view certain accounts, the Information and Reports Online and to give us instructions Online in relation to certain services you receive from us, and certain accounts and products that you have with us. We may also provide certain related or ancillary products and services to you using the Business Internet Banking Service.
2.2 You agree to at all times, in addition to complying with this Agreement, exercise due diligence and good faith in using our Business Internet Banking and our Business Internet Banking Service. Should we be of the opinion that you or your Customer Delegates have in any way breached this Agreement, we shall have the right to, without further notice, suspend or terminate the use of our Business Internet Banking or our Business Internet Banking Service by you and/or any one or more of your Customer Delegates.
2.3 You understand that the Business Internet Banking Service involves no solicitation of the sale or recommendation of, or advice on, any product from us. All transactions that you enter into through the Business Internet Banking Service are conducted on an execution-only basis and based on your own judgment. We do not have any duty to assess or ensure suitability of the products or the transactions that you enter into. Any limitation of our obligation or duty in this Clause 2.3 is subject to compliance with all applicable law, regulation or regulatory guidelines or circulars.
2.4 Any solicitation or recommendation or suitability assessment we may have made to or for you in the past in relation to any product through channels outside the Business Internet Banking Service is valid only as at the time it was made, and we cannot ensure on-going suitability of such product. If the circumstances relating to you, such product or its issuer or market conditions change, the product may no longer be suitable for you. Execution through the Business Internet Banking Service does not allow us to confirm the validity of any such prior solicitation, recommendation or suitability assessment.

2.5 If you wish to receive a solicitation or recommendation from us, you should contact us and, where relevant, we will conduct a suitability assessment before transacting.

3.  REGISTRATION PROCEDURE

The procedure for registration of Customer Delegates is set out in the Business Internet Banking Customer Guide. Failure to follow the procedures set out in the Business Internet Banking Customer Guide may result in you or any of your Customer Delegates being unable to access fully or in part the Business Internet Banking Service.

4. CUSTOMER INSTRUCTIONS

4.1 We will only accept a Customer Instruction if it has been effected through the Business Internet Banking Service using the appropriate Password(s) in accordance with the Business Internet Banking Customer Guide and this Agreement and as shall be prescribed by the Bank from time to time.
 
4.2 You request and authorise us to treat all apparently valid Customer Instructions received by the Bank as instructions properly authorised by you, even if they conflict with the terms of any other mandates given by you at any time concerning your accounts or affairs. Subject to our obligations in Clause 4.1 above, we shall be under no other obligation to check the authenticity of Customer Instructions or the authority of the person or persons giving them.
 
4.3 In the event that you request us to cancel or modify any Customer Instruction, we will make all reasonable efforts to comply with your request. However, we are not liable for any failure to cancel or modify the Customer Instruction if such a request is received at a time or under circumstances that render us unable to comply with your request.
 
4.4 We are entitled to debit your accounts, wherever they are situated and whenever they are opened, with any amounts that we have paid or incurred in accordance with a Customer Instruction.
 
4.5 We may, in our absolute discretion and without liability, refuse to act on or delay acting on a Customer Instruction if:
 
4.5.1 it is a request or instruction the effect of which would be to exceed a limit imposed by the Bank upon you generally or upon the Customer Delegate in question;
 
4.5.2 we know of or suspect a breach of security in respect of or in connection with the operation of one or more of your accounts or the Business Internet Banking Service generally; or
 
4.5.3 we have terminated this Agreement pursuant to Clause 17 hereof.
 
4.6 In the event that we do not act on or delay acting on a Customer Instruction pursuant to Clause 4.5 above, we shall notify you of this as soon as is reasonably possible.
 
4.7 A transaction being carried out is not always simultaneous with a Customer Instruction being given. Some matters may take time to process and certain Customer Instructions may only be processed during normal banking hours even though Business Internet Banking is Online and may be accessible outside such hours.
 
4.8 As part of certain of the Business Internet Banking Service, you may issue a Customer Instruction requesting us to forward certain information to third parties on your behalf. If we agree to act on such request, we will use reasonable efforts to forward any such information to the recipient and address specified in the relevant Customer Instruction within a reasonable time of receipt of such Customer Instruction. You must ensure information you ask us to forward is complete, accurate and will not give rise to any claim against us (including without limitation any claim in defamation, in relation to privacy or for infringement of any other third party rights).
 
4.9 If we agree that you may communicate with us or we agree to communicate with you (or any third party) via email, the internet, SMS or any other method (other than via Business Internet Banking) you acknowledge the risks that any such communications may be intercepted, monitored, amended or otherwise interfered with by third parties. We are not responsible or liable to you or any third party in the event of any such occurrence in relation to any communication between us and you (or which appears to have been made on your behalf), or any communication you ask us to enter into with any third party.
 
4.10 You are responsible for the accuracy and completeness of a Customer Instruction and for ensuring that it will achieve your intended purpose. We are not liable for any loss or delay resulting from the contents of a Customer Instruction being inaccurate or incomplete.
 
4.11 By entering into any transaction through the Business Internet Banking Service, you confirm that the information you provide to us (including your financial situation, investment experience and investment objectives) is complete, accurate and up-to-date and that we will rely on your confirmation.
 
4.12 Before you enter into a transaction to buy and/or sell a product through the Business Internet Banking Service, you should:
 
4.12.1 consider your own circumstances and understand the product features, terms and risks, and you should contact us if you have any questions on the product;
 
4.12.2 note that we have no ongoing responsibility to ensure that a product we have solicited the sale of or recommended to you remains suitable for you;
 
4.12.3

note that if circumstances relating to you, such product, such product's issuer or general market conditions change, such product may no longer be suitable for you; and
 
4.12.4 note that we do not provide legal, tax or accounting advice on your investments, and you should therefore consider obtaining independent professional advice (including legal, tax and accounting advice) about your investments where necessary.
 
4.13 To enable us to provide you with the Notification Service, you are required to supply data to us and keep the data updated. Failure to do the same may result in our inability to provide you with such service.
 
4.14 The data received by us will be used to consider your request and subject to us agreeing to provide such service, the data and all other details/information relating to your transactions or dealings with us will be used in connection with the provision of such service to you. We will use, store, disclose, transfer (whether within or outside Hong Kong) obtain and/or exchange such data and such other details and information to, from or with such persons as we may consider necessary (including the members of the HSBC Group or any service provider) for any purposes we deem appropriate.

5. SERVICE INTERRUPTION

5.1 We may suspend any service provided to you under the Business Internet Banking Service without notice where we consider it necessary or advisable to do so, for example to protect you when there is a suspected breach of security or we need to suspend the Business Internet Banking Service for maintenance or other reasons.
 
5.2 We will use reasonable efforts to inform you without undue delay through the Business Internet Banking Service, and/or our website(s) if any service under the Business Internet Banking Service is not available. In the event that we have levied any charge to you which is specifically expressed to be for a particular service which is not available (which for the avoidance of doubt shall not mean any periodic fee charged for the Business Internet Banking Service as a whole) then we will reimburse you this sum. Other than reimbursing any sum as set out above, we will have no further liability to you.
 
5.3 It may be necessary from time to time to suspend some or all of the Business Internet Banking Service for routine, non-routine or emergency maintenance where we consider it necessary to do so. In the event of such a suspension being necessary, we will in so far as is possible provide you with a reasonable period of notice prior to the suspension.

6. TRANSACTIONS WITH OTHER INSTITUTIONS

6.1 You appoint us as your agent on your behalf to request any Institution to supply Business Internet Banking with information about you and your accounts and to use Business Internet Banking to instruct an Institution to give effect to Customer Instructions.
 
6.2 Where we pass Customer Instructions to an Institution on your behalf, we are not responsible for any delay or failure by the Institution in executing those instructions.
 
6.3 Where Business Internet Banking delivers to you any information supplied to us by an Institution, we make no warranty as to the accuracy or sufficiency of the information provided by that Institution.
 
6.4 In order that an Institution may give effect to a Customer Instruction, you agree that we may, as your agent, agree with any Institution that where applicable the terms of this Agreement will apply between you and the Institution.
 
6.5 We may appoint other parties to provide some or all of the Business Internet Banking Service under this Agreement. You agree that such parties shall have the benefit of any provisions of this Agreement which limit our liability.

7. SECURITY PROVISIONS

7.1 You and all Customer Delegates agree to comply with the terms of this Agreement and any other reasonable instructions or recommendations we may issue to you regarding Business Internet Banking security including, without limitation, the security recommendations contained in the Business Internet Banking Customer Guide. You agree that it is your sole responsibility to set-up, maintain and regularly review security arrangements concerning access to, and use of, the Business Internet Banking Service, and information stored on your computing, communications systems and other applicable electronic devices, and in particular your and any of your Customer Delegates' control of Passwords and Digital Certificates and access to Business Internet Banking.
 
7.2 You confirm that you have assessed the security features of Business Internet Banking and have determined that they are adequate to protect each of the Customer Delegate's and your interests.
 
7.3 You agree to ensure that each of your Customer Delegates complies with the terms of this Agreement and any security procedures mentioned or referred to in it including, without limitation, the security recommendations contained in the Business Internet Banking Customer Guide.
 
7.4 You must ensure that your Customer Delegates keep their Passwords, Security Device and Digital Certificates secure and secret at all times and take steps to prevent unauthorised use thereof. For example, they must:
 
7.4.1 never write or otherwise record their Passwords in a way that can be understood by someone else except where it is required by the Bank for the registration of a Customer Delegate or for any other reason as set out in the Business Internet Banking Customer Guide;
 
7.4.2 never reveal their Passwords to anyone else including our staff, except where specifically provided in the Business Internet Banking Customer Guide;
 
7.4.3 destroy any advice from us concerning their Passwords promptly after linking their Business Internet Banking logon details to their hsbc.com Site logon, except where specifically provided in the Business Internet Banking Customer Guide;
 
7.4.4 avoid Passwords which may be easy to guess such as passwords used in connection with third parties;
 
7.4.5 inform us immediately if they believe that a third party may have seen or have had access to their Passwords or access to their Security Device;
 
7.4.6 never record their Passwords on any software which retains it automatically (for example, any screen prompts on certain electronic devices or 'save password' feature or the like on their Internet browser);
 
7.4.7 ensure that they are not overlooked by anyone or monitored by closed circuit TV and must avoid allowing anyone to identify the keys they are pressing while logging on;
 
7.4.8 change their Password on a regular basis and not alternate between passwords;
 
7.4.9 never personalise their Security Device in such a manner so as to allow or facilitate anyone to link the Security Device to them; and
 
7.4.10 never allow anyone to come into possession or take control of or use their Security Device.
 
7.5 Once they have logged on to Business Internet Banking or the hsbc.com Site the Customer Delegate must not leave at any time the Internet terminal from which they have accessed Business Internet Banking or the hsbc.com Site or let anyone else use the Internet terminal until they have logged off Business Internet Banking and the hsbc.com Site. You will be responsible for ensuring that each Customer Delegate has logged off Business Internet Banking and the hsbc.com Site at the end of any session.
 
7.6 You and your Customer Delegates must not permit Customer Delegates to access Business Internet Banking or the hsbc.com Site from any electronic devices connected to a local area network (LAN) or any public Internet access device or access point without first making sure that the electronic devices and the network are free of virus, spyware, destructive or disruptive component, malicious code or any other software or component which will or may compromise either the Bank's or the Customer's access to and/or use of the hsbc.com Site, the Bank's Business Internet Banking and the Business Internet Banking Service and that no-one else will be able to observe or copy their access or get access to Business Internet Banking or the hsbc.com Site pretending to be a Customer Delegate.
 
7.7 You and/or your Customer Delegates must notify us immediately of the following:
 
7.7.1 any unauthorised access to Business Internet Banking, the hsbc.com Site or any unauthorised transaction or instruction which you or any of your Customer Delegates know of or suspect; or
 
7.7.2 if you suspect someone else knows the Password(s) of one or more of the Customer Delegates or has access to their  Digital Certificate or  Security Device. In the event of any such breach or suspected breach of security you must ensure that all your Customer Delegates change their Passwords (except the Security Code) immediately to one which they have not used before.
 
You hereby agree to comply immediately with all reasonable requests for assistance from us and/or the police in trying to recover any losses or identify actual or potential breaches of security. 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.
 
7.8 If you suspect any impropriety on the part of any Customer Delegate in connection with the Business Internet Banking Service or a Customer Delegate leaves your business, you must ensure that the Primary User immediately takes all steps available to ensure that the Customer Delegate is unable to access the Business Internet Banking Service.
 
7.9 If you suspect any impropriety on the part of the Primary User in connection with the Business Internet Banking Service or the Primary User leaves your business, you must immediately take steps to replace such Primary User.
 
7.10 Where we provide you and/or your Customer Delegate(s) with or otherwise require you and/or your Customer Delegate(s) to use Digital Certificate(s) in connection with your access to and/or use of our Business Internet Banking and/or any Business Internet Banking Service, you and your Customer Delegates are responsible for the security of any of the Digital Certificates held on the memory of your computers or otherwise held by you or held on the memory of the computers of your Customer Delegates or otherwise held by them. You and your Customer Delegates must ensure that Digital Certificates cannot be accessed, copied or otherwise tampered with. In particular, you and your Customer Delegates must ensure that Digital Certificates are removed from the memory of any computers which leave your possession at any time or the possession of your Customer Delegates, even temporarily. We will not be liable to you or to third parties for any loss whatsoever arising from the unauthorised copying and/or unauthorised use of any Digital Certificates. Further, neither you nor your Customer Delegate must use any Digital Certificate other than for the purposes of identifying itself to us and must not transmit or otherwise send the Digital Certificate to any party other than us.
 
7.11 You agree that you are solely responsible for the performance and protection of any browser used in connection with Business Internet Banking including the prompt adoption by you of all security patches and other security measures issued or recommended from time to time by the suppliers of such browsers.
 
7.12 You agree to keep us indemnified against all actions, proceedings, costs, loss and damage of any kind which we or any other member of the HSBC Group may suffer as a result of our, or any member of the HSBC Group, acting on any Customer Instruction in accordance with this Agreement, or as a result of your failure to comply with your duties under this Clause 7.

8. INFORMATION AND INFORMATION PROVIDERS

8.1 You are aware and acknowledge that the Information and Reports and their form, format, mode or method of compilation, selection, configuration, presentation and expression are trade secrets and are confidential and proprietary property of the Bank and the respective Information Providers.
 
8.2

You and your Customer Delegates must not do or attempt to do any of the following:

(a)   Sell, transfer, disclose, assign, convey, lease, sub-licence, share, loan, distribute, transmit, broadcast, cablecast, put in circulation, download, reproduce, duplicate or otherwise provide or disseminate any of the Information and Reports in any form whatsoever.
(b)  Remove, obliterate, erase, relocate or modify in any way any proprietary marking on or appearing with the Information and/or the Reports, including any trademark or copyright notice.
(c) Incorporate in any of the Information or Reports with any other programmes.
 
8.3

The restrictions on confidentiality in respect of the Information and/or the Reports referred to in 8.1 shall not apply where :

(a)   the disclosure is compelled by law but only to the extent required by law and only after you have given written notice of the requirement to disclose to us; or
(b)   We have written to agree to the disclosure.
 
8.4 You agree that all right, title and interest to the Reports and Information and any and all copyright, patent, trademark, service mark, proprietary property, trade secrets and exclusive works remains ours and the Information Provider’s exclusive property. Other than accessing the Information and Reports in accordance with this Agreement, you do not have or acquire any right or title to the Information and the Reports.  Accordingly you must not represent or act in such a manner to indicate that you have acquired any of the foregoing rights.
 
8.5 An Information Provider can impose its own terms in relation to the Information or Reports that it supplies.  Where these terms have been made known to you and you continue to access this Information and/or Reports after the date that these terms, come into effect, you will be considered to have accepted those terms of the Information Provider.
 
8.6 The Information and Reports are made available for reference only and are not intended for trading or other purposes. Making available any Information or Report to you shall not, by itself, constitute solicitation of the sale or recommendation of any product.
 
8.7 You acknowledge that it is your responsibility to independently determine market prices and rates for trading purposes, to verify any Information and/or Report before acting on it and to seek independent legal, accounting and tax advice in connection with the use of Business Internet Banking, Business Internet Banking Services, the Information and/or the Reports and the terms of this Agreement and other issues which may affect you under all applicable laws.
 
8.8 The Information and Reports are supplied by the Information Provider and we are making this available to you as we receive this from the Information Provider. This does not mean or imply that we endorse the content of the materials by our simply making the Information and Reports available. We are not responsible for verifying the content of  any Information or Reports.
 
8.9 No warranty, representation or guarantee of any kind relating to the Information and/or Reports is given or may be implied and no employee or agent of the Bank or any Information Provider is authorized to give any such warranty, representation or guarantee.
 
8.10 Neither we nor any Information Provider guarantee the accuracy, completeness, reliability, truth or timeliness of any Information or Report or that it is fit for any purpose. Therefore we and the Information Provider are not liable to you or any other person (whether in tort or contract or otherwise) for any Information and/or Reports made available to you.
 
8.11 We will take reasonable care to ensure that any information provided to you by the Business Internet Banking 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 through the Business Internet Banking Service is accurate or error free. Some of the information available through the Business Internet Banking Service may be identified on the screens or in the Business Internet Banking Customer Guides as subject to a disclaimer or other provisions. If you rely on that information, you do so subject to the disclaimer or those provisions.
 
8.12 You acknowledge that the Primary User(s) have access through the Business Internet Banking Service to the Information of your authorised signatory(ies) and signing rule(s) of all your accounts. The Information is made available to the Primary User(s) for reference only. You agree that we will not be liable in any way for any loss or damages arising out of the Primary User(s)’ use of the Information.

9. DIGITAL CERTIFICATE AND SECURITY DEVICE

9.1 Where we require you and/or any of your Customer Delegate(s) to use Digital Certificates in connection with our Business Internet Banking and/or any Business Internet Banking Service, we grant you a non-exclusive, non-transferable licence to install and use Digital Certificates on the Internet browsers of such Customer Delegates and this license can be revoked by us at any time with or without notice. Title to and rights in the Digital Certificates belong to the relevant member of the HSBC Group and, except for the specific rights granted to you by this licence, neither you nor any Customer Delegates will acquire any rights whatsoever to the Digital Certificates, which will remain our property or relevant member of the HSBC Group.
 
9.2 We will make all reasonable efforts to ensure that any Digital Certificate and Security Device that we provide to you will perform as necessary to permit access to Business Internet Banking as and when required. You and/or the relevant Customer Delegate will notify us immediately if any Digital Certificate and Security Device fails to function correctly.
 
9.3 We shall have no liability for breach of any implied term as to satisfactory quality, merchantability or fitness for purpose of any Digital Certificate and Security Device.
 
9.4 We will not be liable for any damage to or reduction in the performance of your computer system or any part thereof by the installation and/or use of any Digital Certificate.
 
9.5 We shall not be liable for any loss or damages incurred or suffered by you or your Customer Delegates arising from or in connection with, whether directly or indirectly, your and their use of the Security Device.

10. FEES, SUPPLEMENTARY TERMS, CHANGES TO AND TERMINATION OF THE AGREEMENT AND SITE

10.1 You agree to pay our scale of charges (if any) for providing the Business Internet Banking Service as we advise you from time to time including, without limitation, charges for the Security Device. We may vary our charges and the frequency and dates of payment on giving you not less than 30 days notice. These charges are in addition to any charges for particular banking or other services we might provide in response to your Customer Instructions through the Business Internet Banking Service.
 
10.2 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 Business Internet Banking Service.
 
10.3 You authorise us to debit any of your accounts with any charges for providing the Business Internet Banking Service.
 
10.4 When we introduce new services under Business Internet Banking we may provide them on supplementary terms which will be notified to you from time to time in accordance with this Agreement.
 
10.5 The hsbc.com Site through which you access Business Internet Banking and the Business Internet Banking Service is subject to change by us. Unless we have specifically agreed to give prior notice to you we may make such changes (including changes to layout) without notification to you.
 
10.6 We may modify the terms of this Agreement upon giving you prior notice by way of display in our premises or in the Consolidated Statements or by such other method as we may decide.

11. OUR LIABILITY TO YOU

11.1 Subject to Clause 11.6 below, we shall be liable to you for direct losses suffered by you arising out of your use of Business Internet Banking or the Business Internet Banking Service where such losses are directly attributable to our breach of contract, including any breach of Clause 11.3 below, or to gross negligence of the Bank, its officers or employees.
 
11.2 We do not exclude or limit liability for loss of interest on your credit balances or interest incurred on your debit balances as a result of a Customer Instruction that we have processed in breach of our duties to you under this Agreement. We are not liable for this loss to the extent that it is attributable to your own neglect or default.
 
11.3 In the case of a breach of the undertaking in Clause 9.2, we will take all reasonable steps to correct the defect.
 
11.4 We will not be liable to you for any loss or damage arising out of your use of Business Internet Banking or the Business Internet Banking Service, or caused by any breach of contract, including any breach of Clauses 11.1, 11.2 or 11.3 above, or any negligence of the Bank, to the extent that such loss or damage is indirect, consequential or special, whether or not we have been advised of the possibility of such loss or damage.
 
11.5 You agree that unless we have specifically agreed with you otherwise, we shall have no liability whatsoever for (a) any equipment, software or associated user documentation which any party other than us produces or supplies at any time for use in connection with Business Internet Banking or the Business Internet Banking Service including, without limitation, the Security Device or (b) any services through which you access Business Internet Banking or the Business Internet Banking Service which are not controlled by us.
 
11.6 Without prejudice to Clause 11.4 above, we will not be liable to you for any loss or damage arising out of your use of Business Internet Banking or the Business Internet Banking Service to the extent that such loss or damage is:
 
11.6.1 a loss of profits;
 
11.6.2 a loss of data; or
 
11.6.3 any loss other than as set out in Clauses 11.1, 11.2 or 11.3 above
 
whether or not we have been advised of the possibility of such loss or damage.
 
11.7 For the avoidance of doubt, the provisions of Clauses 11.6.1, 11.6.2 and 11.6.3 above shall each be construed as a separate exclusion of liability.
 
11.8 In respect of the Notification Service provided by us:
(a) if we can show that we have sent, or attempted to send, to you the Notification Message(s) according to the service scope of our Notification Service as will be determined by us from time to time (including, without limitation, any re-sending procedures if the Notification Message(s) fails to be sent to you), we have no liability to you if you suffer Loss due to the Notification Message(s) not being received accurately or at all;
 
(b) we will not be liable for any disclosure of confidential information not herein authorised where you have not complied with the provisions of Clauses 20.3, 20.5 and/or 20.6;
 
(c) we will not be liable to you for any Loss you suffer due to any event or circumstance beyond our reasonable control which leads to the Notification Service being wholly or partly unavailable as a result of but not limited to technical breakdown, strike and industrial action of any party or communications or path failure;
 
(d) due to the nature of the Notification Service, we will not be responsible for any loss or damage caused to your data, software, computer, telecommunications equipment or other equipment caused by your use of the Notification Service unless such loss or damage is directly and solely caused by our negligence or deliberate fault; and
 
(e) the third parties supporting the Notification Service (including telecommunications companies designated by us) are neither agencies of us nor representing us. There is no co-operation, partnership, joint venture or other relationship with us. We are not responsible for any losses caused by such third parties including system operators.
 
11.9 Nothing in this Agreement shall limit the Bank's liability for death or personal injury or for dishonesty, deceit or fraudulent misrepresentation on the part of the Bank.

12. BUSINESS INTERNET BANKING PASSWORD SET UP

12.1 You may only access Business Internet Banking via the hsbc.com Site. To access the hsbc.com Site, Customer Delegates are required to set up their own personal hsbc.com Site username and password. Once this has been achieved they can link their Business Internet Banking logon details to their hsbc.com Site logon and thereafter gain access to Business Internet Banking.
 
12.2 The procedure for setting up Customer Delegates with Business Internet Banking Passwords is set out in the Business Internet Banking Customer Guide.

13. BUSINESS INTERNET BANKING PASSWORD RESET

Reset procedures may be notified in the Business Internet Banking Guide, via the Business Internet Banking Service or via the Direct Banking Service. You agree you will comply with such reset procedures as are in force from time to time.

14. AUTHORITY AND INDEMNITY

14.1 You request and authorise us from time to time to act upon written instructions or requests to us concerning the administration of Business Internet Banking or the Business Internet Banking Service when signed, or purporting to be signed, as described in Clause 14.3 below. Such instructions and requests may include, without limitation, the giving by you to us of requests (a) to remove or replace any Primary User; (b) to reset any Passwords; or (c) to take any action to promote the continued and orderly operation of Business Internet Banking or the Business Internet Banking Service.
 
14.2 We shall be entitled to refuse to act on any written instruction or request which is sent by facsimile transmission or other electronic communication in accordance with Clause 14.1 above. We agree however to use reasonable endeavours to inform you if we refuse to so act.
 
14.3 Where any written instruction or request referred to in Clause 14.1 above is sent by facsimile transmission or other electronic communication, you hereby request and authorise us from time to time without further authority or notice from you to act upon such instruction or request. In addition you agree that we shall not be liable to you or any third party for any loss or damage suffered by you or any third party arising from the facsimile transmission or other electronic communication being unauthorised or fraudulent and you agree to keep us fully indemnified against any claims or demands arising therefrom.
 
14.4 We shall not be liable for any losses arising as a result of any delays when acting in accordance with written instructions howsoever given pursuant to Clause 13 above and this Clause 14.

15. ELECTRONIC ADVERTISING

From time to time we may advertise our own products or services and those of other companies in the HSBC Group and also those of other parties on our Internet website(s) (including the hsbc.com Site) through which you access the Business Internet Banking Service. If, in relation to other agreements between you and us, you have asked us not to send you any marketing material (or if you do so in the future), you agree that this restriction will not apply to these electronic advertisements and consent to receiving them when accessing our Internet website(s) and/or the Business Internet Banking Service.

16. ENCRYPTION AND VIRUSES

16.1 You should be aware that we use a very high level of encryption. The use of such levels of encryption may be illegal in jurisdictions outside the Hong Kong SAR. It is your responsibility to ensure that, if outside the Hong Kong SAR, your ability to use Business Internet Banking 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 Business Internet Banking in these jurisdictions.
 
16.2 Business Internet Banking is accessed through the Internet which is a public system over which we have no control. It is therefore your duty to make sure that any electronic device which you use to access Business Internet Banking is free from and adequately protected against acquiring computer viruses and other destructive or disruptive components. Neither we, any member of the HSBC Group nor the Information Provider warrants or represents that the Information and/or Reports are free from virus, electronic viruses or other destructive features which may adversely affect your hardware, software or equipment.
 
16.3 Due to the nature of Business Internet Banking, we will not be responsible for any loss of or damage to your or your Customer Delegates' data, software, computer, computer networks, telecommunications, electronic devices or other equipment caused by you using Business Internet Banking unless such loss or damage is directly and solely caused by our negligence or deliberate default.

17. TERMINATION

17.1 We may terminate this Agreement with prior notice (save under exceptional circumstances when termination may be made without notice) with or without cause. You may terminate this Agreement on not less than thirty (30) days’ written notice to us.
 
17.2 Either party may also terminate this Agreement with immediate effect by notice to the other, if the other party commits a material breach of this Agreement or becomes insolvent under the laws of any applicable jurisdiction.
 
17.3 Termination will not affect the rights and remedies of either party accrued to the date of termination nor will it affect any provision of this Agreement (including, without limitation, Clauses 12 and 20) which is intended to apply after termination.
 
17.4 Upon termination of this Agreement for any reason, the Digital Certificate licence referred in Clause 9.1 terminates. Within seven days of termination you or your Customer Delegates must remove all Digital Certificates held on the memory of the your computers or otherwise held by you. You must ensure that neither you nor any Customer Delegates, employees, agents or representatives do anything on or after termination of this Agreement which will result in the security of Business Internet Banking or the systems or security of any other Business Internet Banking customers, being compromised.
 
17.5 Upon termination of this Agreement, all provisions of this Agreement which in order to give effect to their meaning need to survive termination of this Agreement, shall remain in full force and effect. Notwithstanding termination, each party shall continue to be bound by this Agreement to the extent that they relate to any obligations or liabilities which remain to be performed or discharged.

18. FORCE MAJEURE

Neither party will be liable for delay in performing or failure to perform any of its obligations under this Agreement which is caused by circumstances beyond its reasonable control, including, but not limited to, the failure, malfunction or unavailability of electronic devices, telecommunications, data communications and computer systems and services, war, civil unrest, government action, strikes, lock-outs or other industrial action or trade disputes (whether involving either party's employees or those of a third party). Any delay or failure of this kind will not be deemed to be a breach of this Agreement and the time for performance of the affected obligation will be extended by a period which is reasonable in the circumstances.

19. MISCELLANEOUS

19.1 This Agreement is the entire agreement between the parties concerning the use of Business Internet Banking and the Business Internet Banking Service. It supersedes all previous agreements, communications, representations and discussions between you and us relating to Business Internet Banking and/or the Business Internet Banking Service. Neither party will have a right of action against the other arising from any previous agreement, communication, representation and discussion in respect of Business Internet Banking and/or the Business Internet Banking Service, except in the case of fraud. Any other agreements between us and you and/or mandates relating to the conduct of your accounts shall remain unaffected.
 
19.2 Any notice to be given under this Agreement must be communicated by post, through Business Internet Banking or to your email address most recently notified to us. If by post the notice will be taken to have been received five days after posting by one party to the postal address most recently notified by the receiving party and if through Business Internet Banking or via email five days after transmission of the email.
 
19.3 Where the Customer is a partnership, this Agreement will continue in force unless revoked by notice given by any one partner, notwithstanding any change of name of the partnership, admission of new partner(s) or any partner ceasing to be a member of the partnership by reason of death or otherwise.
 
19.4 The provision of the Business Internet Banking Service in certain countries or territories may be subject to special supplementary terms. Where applicable, you confirm that you have received and read these terms and agree to be bound by them.
 
19.5 We both agree to comply with all applicable data protection and other laws to the same or similar purpose in all relevant jurisdictions. You confirm that all employees and other persons whose personal or other data is transmitted, processed or otherwise handled have consented to such transmission, processing or other handling under this Agreement in accordance with these laws, or will do so prior to any such transmission, processing or other handling. You agree that you will obtain such consent by getting all such employees and other persons to sign an appropriate consent in writing and, upon request, to provide to us copies of all such consents. You further agree to indemnify and hold the HSBC Group harmless from all costs, penalties, damages and other losses incurred as the result of any breach of this provision.
 
19.6 Each of the terms of this Agreement is severable from the others and if one or more of them becomes void, illegal or unenforceable, the remainder will not be affected in any way.
 
19.7 Subject to the applicable laws of evidence, each party agrees not to object to the admission of the records (including computer and electronic records) of the other as evidence in legal proceedings.
 
19.8 Copyright in the pages, screens, information (other than information about your accounts and financial affairs) and all material in their arrangement included in the Business Internet Banking Service and in the hsbc.com Site (together the 'Material') is owned by or licensed to us or the HSBC Group unless otherwise noted. Other than in respect of the Information and /or the Reports, you may imprint, copy, download, or temporarily store extracts from the Material for your own information or when you use the Business Internet Banking Service. You may not alter or otherwise make any changes to any Material that you print or download including, without limitation, removing any identifying marks or legends from such Material. Any other use is prohibited unless you first request and obtain our written permission.
 
HSBC is a trademark of HSBC Holdings plc and all rights in and to HSBC vest in HSBC Holdings plc. Other than as provided above, you may not use or reproduce the HSBC trademark, logo or brand name.
 
19.9 Where tools and other facilities ('Tools') are provided to Customer Delegates in connection with the hsbc.com Site, such Tools will not be provided as part of the Business Internet Banking Service but will be provided by the relevant member of the HSBC Group which is providing such Tools. The provision of the Tools will be subject to the terms and conditions, exclusions and disclaimers relevant to such Tools.
 
19.10 Nothing in this Agreement shall affect any right of set-off or combination which we have in relation to any accounts which you access Online.

20. NOTIFICATION SERVICE

20.1 Terms of Use
 
20.1.1 This Clause 20 contains terms of use of the Notification Service under the Business Internet Banking Service. By using, or continuing to use the Notification Service on or after receiving these terms and conditions, you agree to be bound by them together with all applicable terms and conditions.
 
20.1.2 In this Agreement, references to "telecommunications equipment" will include references to mobile telephones, laptop computers, desktop personal computers, pocket personal computers, personal digital assistants and any other electronic media and/or equipment used to receive the Notification Service.
 
20.1.3 In this Clause 20, references to "Customer" (also "you", "your", "yours") will, where the context permits, include references to each relevant Customer Delegate who is permitted by us to use or access the Notification Service on behalf of the Customer.
 
20.1.4 In this Agreement, "Notification Message" means a message sent or to be sent by us under or pursuant to the Notification Service.
 
20.2 Scope of Notification Service
 
20.2.1 We will from time to time determine or specify the scope and features of the Notification Service and is entitled to modify, expand or reduce the same at any time with or without notice.
 
20.2.2 If we give notice of a change to the Notification Service, such notice may be made in such manner and by such means of communication as we will deem fit, including, without limitation, use of direct mailing material, advertisement, branch display or electronic communications such as e-mail and SMS.
 
20.2.3 We may from time to time include within the Notification Service marketing material relating to our products and Services ("Marketing Material"). Should you decide to opt out of or give instructions to us to discontinue sending the Marketing Materials to you, you note that we are likely to have to discontinue the provision of the Notification Service to you at the same time.
 
20.2.4 Without prejudice to the other provisions of these terms and conditions, if we have sent or provided a Notification Message to the relevant Customer Delegate in the manner as provided under this Clause 20, you shall be deemed to have received the Notification Message.
 
20.3 Opening/Operating Notification Service
 
20.3.1 Once you have enrolled for the Notification Service you may specify the type of Notification Message you require in such manner as we may prescribe from time to time.
 
20.3.2 The Notification Service is available to you provided you have appropriate telecommunications equipment and a service provider both of which may be determined by us from time to time.
 
20.3.3 We reserve the right to restrict the number of pieces of telecommunications equipment which may be registered by you for receiving the Notification Message(s) from time to time and different restrictions may apply to different types of telecommunications equipment and/or customers and/or Notification Message and/or Customer Delegate.
 
20.3.4 The Notification Service may without notice to you be suspended or terminated for any reason including without limitation the reason specified in Clause 20.2.3, invalid data, Nominated Account closure, insufficient funds within the Nominated Account, non specification of a Nominated Account, breakdown, maintenance, modification, expansion and/or enhancement work caused or initiated by the telecommunications company(ies) concerned in relation to their network or by any service provider in respect of the Notification Service. We will not assume any liabilities or responsibilities for any such suspension or termination.
 
20.3.5 You will promptly notify us of any changes to or in any register maintained by us in connection with or for the purposes of the Notification Service including the contact details of your telecommunications equipment and the telecommunications company providing or servicing it.
 
20.3.6 You must notify us immediately upon the disconnection or suspension of your telecommunications equipment/service.
 
20.3.7 Neither we nor any of the telecommunications companies which may be designated by us for the purposes of providing the Notification Service will assume any liability or responsibility for any failure or delay in transmitting information to you or any error or failure in such information unless this results from negligence or wilful default on our part or such telecommunications companies. In particular, neither we nor any such telecommunications companies will assume any liability or responsibility for the consequences arising from any cause beyond our or its reasonable control including without limitation failure of your telecommunications equipment to receive information for whatever reason, any telecommunications breakdown, mechanical failure, path failure, malfunction, breakdown, interruption or accuracy of equipment or installation.
 
20.3.8 You will bear any fees, charges or expenses which may be imposed by your telephone service provider and/or any telecommunications company (whether or not designated by us) providing or servicing your telecommunications equipment in connection with the Notification Service.
 
20.3.9 You warrant that all particulars given to us are to the best of your knowledge accurate.
 
20.3.10 You undertake to notify us in writing of any change of address or other particulars recorded with us. All communications sent or re-sent via the Notification Service to the contact details or channel registered by you with us will be deemed to be delivered to you at the time when the communication was sent or re-sent by us.
 
20.3.11 We may re-send to the contact details or channel registered by you with us any communications via the Notification Service which, in our opinion, has failed to reach you in accordance with our procedures for re-sending Notification Message(s) as designated by us from time to time. If in our opinion the communications sent or re-sent further to the details or channel registered with us have failed to reach you, we may in our sole discretion stop sending further communications.
 
20.3.12 You undertake to indemnify us against all actions, claims, demands, liabilities, losses, damages, costs and expenses of whatever nature that may result or which we may sustain, suffer or incur as a result of us agreeing to provide the Notification Service.
 
20.4 Nature of Information Provided
 
20.4.1 You acknowledge any information received by you under the Notification Service is for your (and not any other persons') reference only, is not binding, and will not be taken as conclusive evidence of the matter to which it relates.
 
20.4.2 It is your sole responsibility to verify any information received under the Notification Service before relying or acting on it. In particular, any commentaries, confirmations, financial information and data provided are for reference only and are not intended as investment advice or for trading or other purposes. They may be provided to us by other persons or compiled by us from information and materials of other persons. We do not warrant, represent or guarantee the sequence, accuracy, truth, reliability, adequacy, timeliness or completeness of any commentaries, confirmations, financial information or data or whether it is fit for any purpose. Nor do we assume any liability (whether in tort or contract or otherwise) for any reliance on any commentaries, confirmations, information or data by you or any other person.
 
20.5 Channels for receiving Notification Messages
 
20.5.1 You may elect to receive Notification Messages by or via any of the following channels:
(a) SMS;
(b) e-mail;
(c) the official account of the Bank on WeChat ("Bank's WeChat Official Account"); or
(d) the Bank's designated mobile app (the "Bank's Designated App").
 
20.5.2 If you elects to receive Notification Messages by SMS, you may nominate one mobile phone number for all Notification Messages to be received and we will only send the Notification Messages to that particular mobile number registered to receive Notification Messages by you. The nominated mobile phone registered to receive Notification Messages must be a compatible piece of telecommunications equipment capable of receiving the Notification Messages.
 
20.5.3 If you elect to receive Notification Messages by or via e-mail, the Bank's WeChat Official Account or the Bank's Designated App , you are responsible for ensuring you have compatible telecommunications equipment capable of receiving such Notification Message(s).
 
20.5.4 If you elect to receive Notification Messages by or via email:
(a) you must keep any password and security details secret and take all reasonable precautions to prevent unauthorised or fraudulent use your password or security details and ensure that unauthorised or fraudulent access to your e-mail is prevented;
(b) Notification Message(s) sent by e-mail may not be encrypted and may not be secure from corruption by third party. You are responsible for ensuring that your password and any other identification used for accessing the your account information is kept secure and secret; and
(c) you should never provide your account or personal information on screen following a website hyperlink from an e-mail Notification Message(s). All website hyperlinks authorised us will be for information only and will not require the inputting of your account or personal information.
 
20.5.5 If you elect to receive Notification Messages by or via the Bank's WeChat Official Account:
(a) the use and access of the Notification Service is subject to (i) downloading and activating the relevant mobile application of WeChat on your telecommunications equipment; (ii) any procedures and requirements as may be prescribed by us from time to time; and (iii) any of our other terms and conditions relating to the access and use of the Bank's WeChat Official Account and the Notification Service under or in connection with the Bank's WeChat Official Account; and
(b) you acknowledge that all Bank's WeChat Messages will be displayed in such language(s) which we may provide from time to time at our absolute discretion.
 
20.5.6 If you elect to receive Notification Messages by or via our Designated App, the use and access of the Notification Service is subject to (i) downloading and activating the Designated App on your telecommunications equipment; (ii) turning on the "Push Notifications" setting or similar setting in respect of the Designated App on your telecommunications equipment; (iii) any procedures and requirements as may be prescribed by us from time to time; and (iv) any of our other terms and conditions relating to the access and use of the Bank's Designated App and the Notification Service under or in connection with the Bank's Designated App.
 
20.5.7 You will inform us as soon as possible if any of the Notification Messages, any e-mail or website hyperlink appear to be irregular.
 
20.5.8 We will only send Notification Messages once. If you delete the Notification Messages which we have sent you, they cannot be re-sent.
 
20.5.9 Any Notification Message sent by us is one-way and you should not reply to such Notification Message.
 
20.5.10 You should never respond to a request purportedly from us via the Notification Service or Notification Message to provide your account or security details by Notification Message as we will never make such a request.
 
20.6 Security
 
20.6.1 You are responsible for the security of your telecommunications equipment and must take all reasonable precautions to prevent anyone else from accessing any confidential information.
 
20.6.2 You should use at all times the SIM Card personal identification number ("SIM Card PIN Code") on the mobile telephone registered to receive a Notification Message re-setting any pre-set SIM Card PIN Code and re-setting the SIM Card PIN Code if you know or suspect someone else knows it. When choosing or using the SIM Card PIN Code avoid numbers which are easy to guess.
 
20.6.3 You will not tell anyone else the SIM Card PIN Code and not write them down in a way that someone else may understand.
 
20.6.4 You should only use secure private e-mail sites protected by a password which should be kept secret. Avoid passwords which are easy to guess.
 
20.6.5 You must inform us as soon as possible of all matters which may have an impact on or otherwise affect our provision or your use of the Notification Service including, without limitation, if you know or suspect that someone knows the SIM Card PIN Code for the mobile phone registered to receive a Notification Message or has unauthorised access to your e-mails or if your Customer Delegate's mobile telephone number/e-mail address changes or if the mobile telephone registered to receive a Notification Message is lost, stolen or no longer under your Customer Delegate' control or if your contract with the network operator ends.
 
20.6.6 You should check the telephone number of the sender of SMS Notification Message and the e-mail/website address for e-mail Notification Message to ensure that they are genuine and have been sent by us.
 
20.6.7 You should suspend the SMS Notification Service if the mobile phone which has been registered to receive a Notification Message will be taken outside Hong Kong due to the fact that the security of any foreign telephone network through which Notification Message(s) may be transmitted to the registered mobile telephone cannot be guaranteed.
 
20.6.8 If the mobile phone registered to receive a Notification Message is taken outside Hong Kong without suspending the Notification Service, you /your Customer Delegate will be deemed to authorise us, the network operators and any third party to whom information about you/your Customer Delegate and your account has been passed for the provision of the Notification Service to transmit such information and store information in such countries or territories as are necessary to send Notification to that mobile phone.
 
20.7 Pricing and Charges
 
20.7.1 You may choose the Notification Message(s) you wish to receive but acknowledge some Notification Message(s) will be charged for at rates determined by us from time to time. You are advised to check with us regularly for any charging changes or updates.
 
20.7.2 Charges will be made for certain Notification Message(s) (as determined by us from time to time) ("Chargeable Notification") on such basis as we may determine.
 
20.7.3 You may nominate the account you wish debited to pay for the Chargeable Notification ("Nominated Account"). Without prejudice to any of our rights regarding your account (including any set-off rights) you hereby authorises us to debit the charges incurred by you for the provision of the Notification Service.
 
20.7.4 All Chargeable Notification sent to you will be charged regardless of whether your receives them or not so long as the failure to receive such Chargeable Notification is not as a result of the wilful default or negligence of us.
 
20.7.5 If the same Notification Message(s) is received via different channels, we may count them as multiple Notification Message(s) for the purposes of charging.
 
20.7.6 You will ensure that there are sufficient funds/credit in your Nominated Account to cover accrued charges.
 
20.7.7 We reserve the right to revise any existing charging structure and/or make additional charges from time to time.
 
20.8 Notification Service Suspension and Termination
 
20.8.1 You may terminate or suspend service at any time in such manner as we may prescribe from time to time.
 
20.8.2 Termination, in respect of the calculation of charges, will be effective on such date as determined by us following the month in which your termination request was made or the Notification Service was terminated by us. However, you will be unable to reactivate or access your Notification Service after such date as determined by us following the month in which your termination request was made or the Notification Service was terminated by us.
 
20.8.3 If the Notification Service is suspended or terminated then, with immediate effect, no Notification Message(s) will be sent during the period of suspension or at all in the event of termination.
 
20.8.4 You may reactivate the Notification Service after suspension at such time as determined by us at which point you will receive Notification Message(s) from the date of reactivation and charges will accrue.
 
20.8.5 A start date and finish date needs to be provided for suspension of the Notification Service and at the end of the suspension term, the Notification Service will resume and charges, if applicable, will accrue.
 
20.8.6 We may suspend or terminate the Notification Service if it is suspected it has not been received by you or is being accessed by unauthorised person.
 
20.8.7 We can suspend or terminate the Notification Service at any time and in our absolute discretion and we will be entitled to deduct any outstanding fees or charges from the Nominated Account.
 
20.8.8 Unless otherwise agreed by us, payment for the Notification Service is in arrears and any sums paid are non-refundable.
 
20.8.9 Any termination or suspension of the Notification Service is without prejudice to and will not affect the liabilities and rights which have accrued between you and us prior to the date of suspension or termination.
 
20.9 Applicable Terms
 
When you use the Notification Service, you must comply with these terms and conditions and other applicable terms and conditions including those governing the telecommunications equipment from which you access the Notification Service.

21. LAW AND PROCEEDINGS

This Agreement is governed by and will be construed in accordance with the laws of Hong Kong SAR. Both parties irrevocably submit to the non-exclusive jurisdiction of the courts of Hong Kong SAR in respect of any proceedings which may be initiated in connection with this Agreement.

22. GOVERNING VERSION

The English version of these terms and conditions shall prevail wherever there is a discrepancy between the English and Chinese versions.

ADDITIONAL TERMS AND CONDITIONS FOR BUSINESS INTERNET BANKING MPF SERVICE

1. The Customer remains at all times responsible for compliance with the MPF legislation and by its provision of the MPF Services, the Bank assumes no responsibility.
 
2. If the Mandatory Provident Fund Schemes Authority amends the MPF legislation, the Bank will use its best endeavours to revise the MPF Services in good time to enable the Customer to comply with its MPF obligations but the Bank will accept no responsibility or liability for the continued use by the Customer of the MPF Services meanwhile or for any loss or damage suffered by the Customer as a result of any delay in delivery of a revised MPF Service including any failure by the Customer to comply with its MPF obligations.
 
3. The Bank assumes no responsibility whatsoever in relation to any refusal by the MPF Administrator to accept for any reason the Remittance Statement.

ADDITIONAL TERMS AND CONDITIONS FOR MY HSBC SERVICE

1. Where you and/or your Customer Delegate(s) make use of the My HSBC Services, you and your Customer Delegate(s) agree to be bound by the My HSBC Terms and Conditions
 
2. Identifiers referred to in My HSBC Terms and Conditions shall for all purposes be a reference to the Password, Security Code , Security Device and Digital Certificate mentioned in the Business Internet Banking Agreement.
 
3. In the event of any inconsistency between My HSBC Terms and Conditions and the Business Internet Banking Agreement, the provisions set out in My HSBC Terms and Conditions shall prevail insofar as the subject matter relates My HSBC.

ADDITIONAL CONDITIONS FOR BANKING API SERVICE

1. With your consent, we will give the relevant TSP access to all of your or your selected linked account(s) information. Account information may include details about who you are, the instruction or transaction information, who you make the payments to and receive payments from, balances, statements, secure messages, business card information, this might contain some sensitive personal information.
 
2. All Primary User(s) and Secondary User(s) are able to manage (including grant or withdraw) consent to TSP(s) for the access of your account information or execute an instruction up to your authority and limits setting on your linked accounts on Business Internet Banking.
 
3. The bank reserves the rights to suspend or terminate the API connection with any TSP without prior notice to you. The bank is not liable for any loss, cost or damage of any kind incurred or any other consequences suffered by the Customer as a result of the Bank exercising any of its rights.
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