HSBC Expat
Group Executive Services (GES)
Terms of Business
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These Terms of Business are effective from 30th August 2016
Your agreement with us consists of these Banking Terms of Business, which include Section 1 (General Terms), Section 2 (Your
Accounts) and Section 3 (Product Conditions), together with any Additional Conditions that apply to any products/services that you
have with us (together known as the Terms).
Additional Conditions include the following, as applicable to your product/service:
all interest rates and charges that apply to the relevant product/service and are covered in the Tariff of Charges applicable
to your product/service, and on our website at http://www.expat.hsbc.com/1/2/hsbc-expat/terms (and which are available
by telephoning us. HSBC Premier customers please call +44 1534 616 313 and HSBC Advance customers please call
+44 1534 616 212); and
any further terms we provide to you.
If any Additional Conditions contradict these Banking Terms of Business, then the Additional Conditions will apply.
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Contents
Section 1
General Terms
General 4
Telephone Banking Service 5
Security Details 6
Collection and use of your information 7
Changing the Terms - general information 10
Interest Rate Charges 10
Other changes to the Terms 10
Reasons for making changes 10
Other reasons for making changes to the
extent the Terms do not apply for a fixed term 10
What you can do when we tell you about a change 10
Section 2
Your Accounts
Opening an account 11
Operating your account(s) 11
Payments into your account(s) 12
Payments you can make 12
Charges 14
Interest and Reporting 14
Borrowing from us 14
Responsibility for borrowing 15
Inactive account(s) 15
Closing your account(s) 16
HSBC Premier and HSBC Advance 16
Section 3
Product Conditions
Online Bonus Saver Account 18
Fixed Rate Saver Account and Fixed Term
Deposit Account (FTDA) 18
Renminbi Currency Savings Account and
Fixed Term Deposit Account (FTDA) 19
HSBC InvestDirect International Account (IDIA) 20
General Information 20
Complaints 20
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Section 1 General Terms
1. General
1.1 Definitions and other information:
“Faster Payments” means a same day payments-clearing
scheme for electronic sterling payments in the UK.
“HSBC Bank” means HSBC Bank plc, an HSBC Group
company incorporated in England;
“HSBC Group” means HSBC Holdings plc, its subsidiaries,
associated and affiliated companies;
“HSBC Mobile Banking app” means the HSBC Mobile
Banking application that can be downloaded to any mobile
device that runs an operating system supported by us
through which you can access part of the HSBC Online
Banking Service;
“Online Banking Service” means the HSBC Expat online
banking service you access via our website www.expat.
hsbc.com, and/or our mobile banking service you access via
the HSBC Mobile Banking app;
“Investment Account” means an account(s) that you have
with HSBC Fund Administration (Jersey) Limited or HSBC
Funds Nominee (Jersey) Limited;
“Overdraft Interest” means interest you pay for any
overdraft on your account;
“PBN” means 10-digit personal banking number;
“PIN” refers to your six-digit Telephone Banking Service
personal identification number (references to other PINs will
be stated when referring to it);
“Secure Message” is a means of you contacting us or
us contacting you about your account(s) using the secure
electronic message service in our Online Banking Service.
‘Security Details’ means the unique memorable question
and answer, password and security questions and answers
chosen and set up by you to access our Online Banking
Service. This also includes your HSBC secure key PIN and
digital secure key password;
“Telephone Banking Service” means the HSBC Expat
telephone banking service;
‘User Guide’ means the guidance and information set out
in our answers to Frequently Asked Questions (FAQs)
and “Help” pages of the Online Banking Service and all
other guidance issued by us in connection with the Online
Banking Service.
“we, “us” and “our” means HSBC Bank International
Limited, trading as HSBC Expat;
“you” means the person, persons or company in whose
name(s) the account(s) maintained by us are held.
Where we ask you to telephone us, HSBC Premier
customers please call +44 1534 616 313 and HSBC
Advance customers please call +44 1534 616 212.
Where we refer to times in the Terms, this will be UK time.
1.2 These Terms apply to:
Bank Accounts, Online Bonus Saver Accounts, Saver
Accounts, Currency Savings Accounts and Fixed Term
Deposit Accounts;
the following products which are no longer available for
sale: Multi Currency Cheque Deposit Account, 30 Day
Notice account and 90 Day Notice Account and Fixed
Rate Saver Account;
our services (including HSBC Premier and
HSBC Advance);
any sole and joint accounts you have with us;
any other accounts that we tell you they apply to.
1.3 We will only open accounts for business customers in
exceptional circumstances, as our accounts and services
are designed for personal customers. If you are a business
customer, then certain services that are available to
personal customers will not be available to you.
1.4 These Terms are governed by the laws of Jersey. You and
we submit to the non-exclusive jurisdiction of the courts
of Jersey.
1.5 These Terms are in English and we will communicate with
you in English. You can ask us for another copy of these
Terms at any time by telephoning us.
These Terms are also available on our website
www.expat.hsbc.com.
1.6 You must be at least 18 years of age to open an account
with us. We will require proof of your identity when opening
an account.
1.7 Bank Accounts and Savings Accounts are available in
sterling, US dollar and euro. Currency Savings Accounts are
available in multiple currencies.
1.8 You can give us instructions via our Online Banking Service,
by post and via our Telephone Banking Service. There may
be instances where we are unable to assist you if we are
unable to identify you. Please see clause 3.1 in this Section.
1.9 We may change our banking hours, banking practices and
similar matters and we will endeavour to give you prior
notification, however there may be circumstances where
we may not be able to.
1.10 We require current principal residential and
correspondence addresses (which may be the same) from
you at all times. We will not accept a PO Box number as
a principal residential address, but we will accept this as a
correspondence address.
1.11 If we deem you to live in a sensitive country, we may
courier some important communications to you. Our courier
charges are set out in our Tariff of Charges and will be
payable by you.
1.12 You agree that we may use any contact details you have
provided to us, including your postal address which could
be your principal residential and correspondence address (if
you have one), telephone number(s) (including your mobile
telephone number) and email address to contact you for
service or operational reasons. These include telling you
about changes to the Terms that apply to your account(s)
and generally communicating with you about the day-to-day
running of your account(s), products and services.
If you are registered for our Online Banking Service, you
agree that we may also contact you using our Secure
Message service within our Online Banking Service for
these purposes.
You must ensure that the contact details you provide are
accurate and that you notify us promptly of any changes,
including to your email address, telephone number(s),
principal residential address and correspondence address.
Remember, communications may contain confidential
information and if anyone else has access to your email
inbox or mobile telephone messages, for example, they
may be able to see this. If you would prefer that we do not
contact you for service or operational reasons by email,
mobile message or Secure Message, please let us know.
While we will try to use your preferred channels wherever
possible, you may continue to receive important service
messages via these channels, for example, when we need
to contact you urgently. We will also use Secure Messages
to contact you in respect of any accounts you hold that are
managed solely online, e.g. Online Bonus Saver Account.
In the event that we are unable to contact you at your
correspondence address, we will contact you at your
principal residential address.
1.13 To comply with all applicable regulatory requirements,
we may ask you to provide information and/or documents
confirming the source of your funds and the source of your
wealth, including information about where in the world you
have generated income, and generated your wealth during
your lifetime.
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1.14 We will not be responsible to you if we fail to comply with
any of these Terms:
due to abnormal and unforeseen circumstances beyond
our control, the consequences of which would have
been unavoidable despite all efforts to the contrary; or
where our failure to comply is due to any obligations we
have under Jersey, or international law.
1.15 We may occasionally allow you extra time to comply with
your obligations or decide not to exercise some of our
rights. However, we can still insist on the strict application
of these Terms later on.
1.16 If any part of these Terms proves to be unenforceable in
any way, this will not affect the validity of the remaining
Terms in any way. Any relaxation by us of any of these
Terms from time to time does not affect our right to enforce
these Terms strictly at any time.
1.17 We may transfer to a third party all or any of our rights in
relation to your account. We may also transfer any of our
obligations, but only to someone we reasonably consider
capable of performing them. This includes us appointing
another HSBC Group company as our agent to act on our
behalf for debt recovery purposes.
You may not transfer any of your rights or obligations in
relation to your account or transfer or assign any account
or deposit.
1.18 You must not use any facilities provided by us for
illegal purposes.
1.19 Our right of “set-off
1.19.1 If:
any accounts you hold with us in your sole name
and which you hold jointly with another person(s)
are in credit;
and
you have failed to pay us any amount which you owe
on any other accounts you hold with us (in your sole
name or which you hold jointly with another person(s))
anywhere (including any card accounts and those in
different currencies) or any other amount you owe us,
we may use the money you hold with us to reduce or
repay the amount which you owe us.
This is called our right of “set-off” and the provisions
of this clause 1.19 constitute what is for the purposes
of Jersey law (where it applies to these Terms) a
set-off provision”.
1.19.2 In addition, if any accounts you hold with us (in
your sole name or which you hold jointly with another
person(s)) are in credit, we may use that money to
repay any amount you owe on any other account (in
your sole name or which you hold jointly with another
person(s)) with any other company in the HSBC Group
anywhere (unless we are prevented from doing so by
law). This means:
if you hold a sole account with us which is in credit,
we can apply the monies in that account to reduce
or extinguish any debit balance on any other HSBC
account you hold in your sole name; and
if you hold a sole account with us which is in credit,
we can apply the monies in that account to reduce
or extinguish any debit balance on any other HSBC
account you hold jointly with another account
holder; and
if you and another account holder hold a joint
account with us which is in credit, we can apply the
monies in that joint account to reduce or extinguish
any debit balance on any other HSBC joint account
you hold with that account holder; and
if you and another account holder hold a joint
account with us which is in credit, we can apply the
monies in that joint account to reduce or extinguish
any debit balance on any other HSBC account you
hold in your sole name; and
if you and another account holder hold a joint
account with us which is in credit, we can apply the
monies in that joint account to reduce or extinguish
any debit balance on any other HSBC account held
by that account holder in their sole name.
1.19.3 We will not use our right of set-off:
against any money which we hold in an account in
your name which you have advised us is not yours;
or
against any money which we are required to hold by
law in an account in your name for someone else; or
in any way that contravenes any law, regulation,
code of conduct or industry guidance.
1.19.4 If we decide to use our right of “set-off”:
we will tell you promptly after we have exercised
our right and the amount(s) we have debited from
which account(s); and
in doing so, we may (and you irrevocably authorise
us to) convert to another currency that is in a
currency other than the account we are debiting, at
the HSBC exchange rate that applies at the time.
2. Telephone Banking Service
2.1 To use our Telephone Banking Service, you will require a
PBN and a Telephone Banking Service PIN. The PIN will
be sent to your correspondence address. We will send
you your PBN by email and send a confirmation to your
correspondence address by post or email and the PIN will
be sent to you by post. You will be asked to enter your PBN
followed by your Telephone Banking PIN using the buttons
on your telephone keypad. If you have lost or forgotten your
PBN or PIN;
you will be able to re-set your PIN; or
we can remind you what your PBN is provided you are
able to answer additional security questions.
2.2 Once we have completed our security procedures, we can
act on any instructions given to us, including payments of
money from your account, even if these instructions were
not given by you or with your authority. However, your
responsibility for transactions or instructions, which have
not been authorised by you, will be limited in the way set
out in clause 2.3 below.
2.3 If instructions are not actually given by you or with your
authority, unless clause 2.4 below applies, we will add back
to your account the amount of the unauthorised transaction,
including any related interest (if applicable) and charges.
We will have no further responsibility to you.
2.4 However, you will be responsible for all losses (including
the amount of any transaction carried out without your
authority) if we can prove that you have acted without
reasonable care, which includes not complying with
clause 3.2 in this Section, so as to allow an unauthorised
transaction, or that you have acted fraudulently.
2.5 Once you have told us that:
you know or suspect that an unauthorised call has been
made to our Telephone Banking Service; or
someone else knows your security number, password
or that your personal Security Details have been
used by a third party to access our Telephone
Banking Service. You will not be responsible for any
unauthorised instructions carried out after we have had
a reasonable time to put additional security measures
in place, except if we can prove that you have acted
fraudulently (see also clause 3.2 in this Section).
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2.6 We may refuse to carry out a payment instruction if it
exceeds a particular value or if we feel there is a reason to
do so, such as a suspected breach of security. We will tell
you about this. We may carry out further security measures
to ensure, as far as possible, that the instruction has
been authorised by you. This may delay completion of the
payment instruction.
2.7 You agree that any use by you (or anyone purporting to be
you, who correctly completes our security procedures) of
our Telephone Banking Service will be taken as acceptance
of these Terms.
2.8 We may suspend or terminate any part of our Telephone
Banking Service at any time for maintenance, service or
security reasons. We will try to inform you in advance, but
it may not always be possible to do so.
2.9 If you have forgotten your PBN or PIN, email a request to
expat@hsbc.com or call us.
We will resend your PBN to you via email and, for your added
security, we will send your PIN by post (please note that it
could take a number of days for you to receive your PIN).
3. Security Details
3.1 We may not be able to assist you if we are unable to
identify you as our customer using our security procedures.
We reserve the right to ask you to provide additional
personal information and/or original signed instructions.
3.2 You must take all reasonable precautions to keep safe and
prevent fraudulent use of any cards, security devices (such
as the HSBC Secure Key) and Security Details (including PIN,
PBN, security numbers, passwords or other details including
those which allow you to use our Online Banking Service and
Telephone Banking Service). These precautions include but
are not limited to all of the following, as applicable:
General
never writing down or otherwise recording your PBN, PIN
and other Security Details in a way that can be understood
by someone else;
not choosing Security Details that may be easy to guess;
taking care to ensure that no one hears or sees your
Security Details when you use them;
keeping your Security Details unique to your accounts
with us;
not allowing anyone else to have or use your card, security
devices, PBN or PIN or any of your Security Details (including
the Telephone Banking Service and Online Banking Service)
and not disclosing them to anyone, including the police and
us, except your card number and other card details when
using your card to make payments, and your Security Details
when registering for or resetting your Telephone Banking
Service and Online Banking Service Security Details (but
even then do not disclose in full);
keeping card receipts and other information about your
account containing personal details (such as statements)
safe and disposing of them safely. People who commit
fraud use many methods, such as searching in dustbins
to obtain this type of information. You should take simple
precautions such as shredding paper containing such
information;
changing your Security Details immediately and telling us
as soon as possible in accordance with clause 3.5 (in this
Section) if you know, or even suspect, that someone else
knows any of those details, or if we ask you to; and
keeping your card, security devices, PBN, PIN and other
Security Details safe.
Cards, PBN and PIN
safely destroying any PBN or PIN advice we send you
immediately after receipt, e.g. by shredding it;
signing each card as soon as you receive it if it bears
a signature strip;
keeping your debit card separately from your cheques;
not disclosing the card number, PBN, PIN or card security
codes except when using the cards to make payments;
not disclosing your PBN or PIN for mail order payments or
when paying for goods and services over the telephone or
through the internet;
not tampering with the card; and complying with all
reasonable instructions we issue regarding keeping your
card, PBN and PIN safe.
Telephone Banking
when you call us, we will confirm your identity using our
current security procedures. We will never ask you for more
than two digits of your security number. We may not be
able to assist you if we are unable to identify you as our
customer using our security procedures;
when we call you, we will never ask for details of your
security number or password or other Security Details to
identify you as our customer. We will ask you questions
based on information known to us about you and the
transactions on your account; and
when you contact us by telephone, you should not use
cordless or mobile telephones operating on an analogue
network. We recommend that you use either a landline
or a digital mobile telephone. We are not responsible for
the security of your account if anyone else overhears you
speaking to us on the telephone.
Online Banking Service
keep your internet enabled device secure by using and
staying up to date with security software containing anti-
virus, anti-spyware and firewall technology, and software
and operating system patches;
keep any security devices, your passwords, PBN and PINs
and other Security Details secret – we will never ask you for
your online banking security information in full;
if accessing via an internet browser, always access the
Online Banking Service by typing in our URL, never go to
Online Banking site from a link in an email and then enter
personal details;
never access the Online Banking Service from any internet
enabled device connected to a local area network (LAN)
(this is usually the case for computers you use at work) or
any public internet access device or access point (e.g. at an
internet cafe) without first making sure that no one else will
be able to observe or copy your access, or get access to
the Online Banking Service, by pretending to be you;
never record your Security Details on any software which
retains them automatically (e.g. any computer screen
prompts or ‘save password’ feature or the line on your
internet browser) unless retaining them is a specific
function of a banking service provided by us;
once you have logged on to the Online Banking Service, do
not leave the device from which you have accessed it or let
anyone else use that device until you have logged off; and
follow all security measures recommended by the
manufacturer of the device you use to access the Online
Banking Service, e.g. the use of personal identification
numbers for smartphones and/or tablets with internet
access.
You agree to comply with any instruction or
recommendation we may issue about security when using
the Online Banking Service and/or website.
3.3 We will ask you to co-operate with us and the police in
relation to any investigation into the actual or suspected
misuse of your cards, PBN, PIN, username or Security
Details and/or accounts. You must report any unauthorised
transactions to the police within seven working days of our
request. We may also disclose information about you or
your account to the police or other third parties if we think it
will help prevent or recover losses.
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3.4 From time to time, we may make other services for which
security number(s) or a password is required. We will notify
you of any terms at the time you apply for such services.
3.5 To help us prevent fraud, you must call us immediately
by telephone if any card, PBN, PIN, username or Security
Details are lost or stolen, or you suspect someone has tried
to use them, or if you do not recognise any transactions
shown on your statement. Unless you tell us about
any transactions you do not recognise, we will treat all
transactions on the account as yours. This will not prevent
you from later disputing you authorised the transaction.
3.6 We carry out certain checks on transactions on your
account as part of our fraud prevention measures.
3.7 We may contact you by post, telephone (including
mobile telephone), email, mobile messaging or (if you are
registered for our Online Banking Service) Secure Message
to advise that there may be suspicious activity on your
account, or leave a message to ask that you call us. If we
ask for you, you must contact us as soon as possible. In
respect of payments made through our Telephone Banking
Service or our Online Banking Service, if you do not reply to
us, we will assume you have not authorised the transaction
and it will not proceed.
For payments made using your debit card, if you do not
reply to us and we do not have any reason to believe there
are any other suspicious transactions on your account, we
will assume you have authorised the card payment and
allow it to proceed.
3.8 You can instruct us to stop or cancel a cheque as long as
we receive the request to stop it before 13:30 UK time on
the day the cheque is presented for payment. You must
only write cheques in the currency of your account. If a
cheque is lost or stolen, or if you think someone has signed
one of your cheques without your permission, you must call
us immediately. Cheque books remain our property at all
times. They must be returned when you close your account
or if we ask for their return.
3.9 If you have a cheque book, you must take all reasonable
precautions to ensure that no one else can issue cheques
from your cheque book without your knowledge. If you no
longer require your cheque book, then you must return it
to us.
4.
Collection and use of your information
Definitions
Capitalised terms used in this clause 4 shall have the
following meanings:
Authorities” includes any judicial, administrative, public or
regulatory body, any government, any Tax Authority, securities
or futures exchange, court, central bank or law enforcement
body, or any of their agents with jurisdiction over any part of the
HSBC Group;
“Compliance Obligations” means obligations of the HSBC
Group to comply with: (a) Laws or international guidance and
internal policies or procedures, (b) any demand from Authorities
or reporting, disclosure or other obligations under Laws, and
(c) Laws requiring us to verify the identity of our customers;
“Connected Person” means a person or entity (other than
you) whose information (including Personal Data or Tax
Information) you provide, or which is provided on your behalf,
to any member of the HSBC Group or which is otherwise
received by any member of the HSBC Group in connection
with the provision of the Services. A Connected Person may
include, but is not limited to, any guarantor, a director or
officer of a company, partners or members of a partnership,
any “substantial owner”, “controlling person”, or beneficial
owner, trustee, settlor or protector of a trust, account holder
of a designated account, payee of a designated payment, your
representative, agent or nominee, or any other persons or
entities with whom you have a relationship that is relevant to
your relationship with the HSBC Group;
“Controlling Persons” means individuals who exercise control
over an entity. For a trust, these are the settlor, the trustees,
the protector, the beneficiaries or class of beneficiaries, and
anybody else who exercises ultimate effective control over the
trust, and for entities other than a trust, these are persons in
equivalent or similar positions of control;
“Customer Information” means your Personal Data, confidential
information, and/or Tax Information or that of a Connected Person;
“Financial Crime” means money laundering, terrorist financing,
bribery, corruption, tax evasion, fraud, evasion of economic or
trade sanctions, and/or any acts or attempts to circumvent or
violate any Laws relating to these matters;
“Laws” include any local or foreign law, regulation, judgment
or court order, voluntary code, sanctions regime, agreement
between any member of the HSBC Group and an Authority,
or agreement or treaty between Authorities and applicable to
HSBC or a member of the HSBC Group;
“Personal Data” means any information relating to an individual
from which they can be identified;
“Services” includes (a) the opening, maintaining and closing of
your bank accounts, (b) providing you with credit facilities and
other banking products and services, processing applications,
credit and eligibility assessment, and (c) maintaining our
overall relationship with you, including marketing services
or products to you, market research, insurance, audit and
administrative purposes;
“Substantial Owners” means any individuals entitled to more
than 10% of the profits of or with an interest of more than 10%
in an entity either directly or indirectly;
“Tax Authorities” means UK or foreign tax, revenue or
monetary Authorities (for example, Her Majestys Revenue
and Customs);
“Tax Certification Forms” means any forms or other
documentation as may be issued or required by a Tax Authority
or by us from time to time to confirm your tax status or the tax
status of a Connected Person;
“Tax Information” means documentation or information about
your tax status and the tax status of any owner, Controlling
Person, Substantial Owner or beneficial owner.
Reference to the singular includes the plural (and vice versa).
4.1 Collection, processing and sharing of customer information
These clauses 4.1 - 4.11 explain how we will use your
information and that of Connected Persons. By using the
Services, you agree that we and members of the HSBC
Group shall use Customer Information in accordance with
such clauses.
Customer Information will not be disclosed to anyone
(including other members of the HSBC Group), other
than where:
we are legally required to disclose;
we have a public duty to disclose;
our or a third partys legitimate business purposes
require disclosure;
the disclosure is made with your consent; or
it is disclosed as set out in this clause.
Collection
4.1.1 We and other members of the HSBC Group may collect,
use and share Customer Information (including relevant
information about you, your transactions, your use of our
products and services, and your relationships with the
HSBC Group). Customer Information may be requested by
us or on our behalf or that of the HSBC Group, and may
be collected from you directly, from a person acting on
your behalf, or from other sources (including from publicly
available information), and it may be generated or combined
with other information available to us or any member of the
HSBC Group.
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Processing
4.1.2 Customer Information will be processed, transferred
and disclosed by us and/or members of the HSBC
Group in connection with the following purposes:
a. the provision of Services and to approve, manage,
administer or effect any transactions that you request
or authorise;
b. meeting Compliance Obligations;
c. conducting Financial Crime Risk Management Activity;
d. collecting any amounts due and outstanding from you;
e. conducting credit checks and obtaining or providing
credit references;
f. enforcing or defending our rights, or those of a member
of the HSBC Group;
g. for our internal operational requirements or those of the
HSBC Group (including credit and risk management,
system or product development and planning,
insurance, audit and administrative purposes);
h. maintaining our overall relationship with you (including,
if you agree, marketing or promoting financial services
or related products, and market research); and
i. verifying your identity, (the “Purposes”).
4.2 Sharing
4.2.1 By using the Services, you agree that we may, as
necessary and appropriate for the Purposes, transfer
and disclose any Customer Information to the following
recipients globally (who may also process, transfer and
disclose such Customer Information for the Purposes):
a. any member of the HSBC Group;
b. any sub-contractors, agents, service providers,
or associates of the HSBC Group (including their
employees, directors and officers);
c. any Authorities, in response to their requests, or
where you have provided us with false or inaccurate
information and Financial Crime is detected;
d. persons acting on your behalf, payment recipients,
beneficiaries, account nominees, intermediary,
correspondent and agent banks, clearing houses,
clearing or settlement systems, market counterparties,
upstream withholding agents, swap or trade
repositories, stock exchanges, companies in which you
have an interest in securities (where such securities are
held by us for you);
e. any party to a transaction acquiring interest in, or
assuming risk in, or in connection with, the Services;
f. other financial institutions, fraud prevention
organisations, trade associations, credit reference
agencies or credit bureaus, and debt recovery agents;
g. any third party fund manager who provides asset
management services to you;
h. any introducing broker to whom we provide
introductions or referrals;
i. in connection with any HSBC business transfer,
disposal, merger or acquisition; and
j. selected third parties for marketing purposes, where
you have consented to marketing, wherever located,
including in jurisdictions which do not have data
protection laws that provide the same level of protection
as the jurisdiction in which the Services are supplied.
4.2.2 The above recipients may also process, transfer
and disclose Customer Information for the purposes
set out above and they may be in countries where
data protection laws don’t provide the same level of
protection as that in which your account is maintained.
If you appear to be tax resident outside of Jersey, then
regulations on international tax transparency require
us to report certain information about you and certain
Connected Persons to the Jersey Tax Authority where
your account is held. Under international agreements to
exchange account information that Tax Authority may
transfer this information to the Tax Authorities of other
jurisdictions in which you or a Connected Person may
be tax resident.
However, irrespective of where it is processed
Customer Information will be protected by a strict code
of secrecy and security applying to all members of
the HSBC Group, their staff and third parties holding
information on their behalf.
4.3 Your obligations
4.3.1 You agree to inform us promptly, and in any event,
within 30 days in writing if there are any changes to
Customer Information supplied to us or a member of
the HSBC Group from time to time, and to respond
promptly to any request from us or a member of the
HSBC Group.
4.3.2 You must ensure that every Connected Person whose
information (including Personal Data or Tax Information)
you (or anyone else on your behalf) provided, or will
from time to time provide, to us or a member of the
HSBC Group has been notified of and agreed to the
processing, disclosure and transfer of their information
as set out in these Terms before their information is
provided. You must at the same time advise them that
they have rights of access to, and correction of, their
Personal Data.
4.3.3 Where:
you fail to provide promptly Customer Information that
we reasonably requested, or
you withhold or withdraw any consents that we
may need to process, transfer or disclose Customer
Information for the Purposes (except for purposes
connected with marketing or promoting products and
services to you), or
we have, or a member of the HSBC Group has, suspicions
regarding Financial Crime or an associated risk,
We may:
a. be unable to provide new, or continue to provide all
or part of the Services to you and reserve the right to
terminate our relationship with you;
b. take actions necessary for us or a member of the HSBC
Group to meet the Compliance Obligations; and/or
c. block, transfer or close your account(s) where permitted
under local Laws.
In addition, if you fail to supply promptly your, or a
Connected Persons, Tax Information and accompanying
statements, waivers and consents, as may be requested,
then we may make our own judgement with respect to
your status, including whether you are reportable to a Tax
Authority, and may require us or other persons to withhold
amounts as may be legally required by any Tax Authority
and paying such amounts to the appropriate Tax Authority.
4.4 Data protection
Whether it is processed in a home jurisdiction or overseas,
in accordance with data protection legislation, Customer
Information will be protected by a strict code of secrecy and
security which all members of the HSBC Group, their staff
and third parties are subject to.
4.4.1 Under data protection legislation, you can make a written
request for a copy of certain personal records we hold
about you. The current fee is GBP10 per request from
each individual.
9
4.5 Financial crime risk management activity
4.5.1 We, and members of the HSBC Group, are required,
and may take any action to meet Compliance
Obligations relating to or in connection with the
detection, investigation and prevention of Financial
Crime (“Financial Crime Risk Management Activity”).
Such action may include, but is not limited to:
(a) screening, intercepting and investigating any instruction,
communication, drawdown request, application for
Services, or any payment sent to or by you, or on
your behalf,
(b) investigating the source of or intended recipient of funds
(c) combining Customer Information with other related
information in the possession of the HSBC Group,
and/or
(d) making further enquiries as to the status of a person or
entity, whether they are subject to a sanctions regime,
or confirming your identity and status.
4.5.2 Exceptionally, our Financial Crime Risk Management
Activity may lead to us delaying, blocking or refusing
the making or clearing of any payment, the processing
of your instructions or application for Services or the
provision of all or part of the Services. To the extent
permissible by law, neither we nor any other member of
HSBC Group shall be liable to you or any third party in
respect of any loss (however it arose) that was suffered
or incurred by you or a third party, caused in whole or
in part in connection with the undertaking of Financial
Crime Risk Management Activity.
4.6 Tax compliance
You acknowledge that you are solely responsible for
understanding and complying with your tax obligations
(including but not limited to tax payment or filing of returns
or other required documentation relating to the payment
of all relevant taxes) in all jurisdictions in which those
obligations arise and relating to the opening and use of
account(s) and/or Services provided by us and/or members
of the HSBC Group. Each Connected Person acting in
their capacity as a Connected Person (and not in their
personal capacity) also makes the same acknowledgement
in their own regard. Certain countries may have tax
legislation with extra-territorial effect regardless of your
or any Connected Person’s place of domicile, residence,
citizenship or incorporation. Neither we nor any member
of the HSBC Group provide tax advice. You are advised
to seek independent legal and/or tax advice. Neither we
nor any member of the HSBC Group have responsibility in
respect of your tax obligations in any jurisdiction which they
may arise including any that may relate specifically to the
opening and use of account(s) and/or Services provided by
us and/or members of the HSBC Group.
4.7 Credit reference and fraud prevention
4.7.1 If you apply for a current account or credit, we may
use details of your credit history to assess your ability to
meet your financial commitments. The credit reference
agencies will record details which will form part of your
credit history whether or not you proceed with your
application. If you make several applications within a
short period of time, this may temporarily affect your
ability to obtain credit. We may share details of how you
manage any current accounts or borrowing from us with
credit reference agencies.
4.7.2 If we make demand for repayment following default
and you fail to repay the full amount due or to make and
keep to acceptable proposals for repayment within 28
days, we may (in the absence of any genuine dispute
about the amount owed), register the default with the
credit reference agencies. This may affect your ability
to obtain further credit.
4.7.3 If you make a joint application for a current account
or credit, an association linking your financial records
with those of your fellow applicant(s) will be created
by the credit reference agencies. The credit history of
your ‘associates’ may be taken into consideration in
any future application for credit. The association will
continue to link your credit histories unless and until
you successfully file a ‘notice of disassociation’ with
the credit reference agencies.
4.7.4 Further details on credit scoring and explaining how
information held by credit reference agencies and fraud
prevention agencies may be used is set out in a leaflet
entitled “Guide to Credit Scoring, Credit Reference and
Fraud Prevention Agencies” available on our website
www.expat.hsbc.com.
4.8 Website and email personalisation
When you use a computer or other device to access
websites operated by or on behalf of the HSBC Group and
associated third parties, information may be stored and
accessed on that device:
to improve your experience;
to improve the functionality, security and performance
of those websites;
to provide you with promotional content; and/or
to provide us with information about how those websites
are used and how users arrive at those websites.
In the event that you receive emails sent by or on behalf of
the HSBC Group, such emails may contain technologies to
track for market research purposes whether you opened
those emails and whether you accessed internet links
contained within those emails. You agree to information
being stored, accessed and used in this way.
Members of the HSBC Group may also exchange,
analyse and use relevant information about you in the
ways described above to ensure that promotional content
displayed to you on screen when you use HSBC Group
websites is more likely to be relevant and of interest.
Further information on our cookie policy, site terms and
privacy statement is available at our website
www.expat.hsbc.com.
4.9 Further information and marketing
4.9.1 To ensure that we carry out your instructions
accurately, to help us to improve our service and in the
interests of security, we may monitor and/or record
your communications with us including telephone or
video calls and conversations we have with you in our
branches. In the interests of security and for preventing
and investigating crime we may use closed-circuit
television in and around our premises for the monitoring
and collection of sound and/or visual images. Any
recordings remain our sole property.
4.9.2 We may make and retain copies of passports, driving
licences or other identification evidence that you provide.
4.9.3 We will obtain your written consent before providing
a banker’s reference about you, however, if we receive
a request from another financial services institution we
will provide information required to verify your identity
for money laundering prevention purposes. We may in
some cases not be in a position to provide a bankers
reference on your behalf.
4.9.4 If you change your mind at any time about receiving
marketing information via post, telephone, email or any
other method, or about participating in market research,
then please let us know.
4.10 Miscellaneous
4.10.1 In the event of any conflict or inconsistency between
any of these Terms and those in any other service,
product, business relationship, account or agreement
between you and us, these Terms shall prevail.
Any consents, authorisations, HSBC requested waivers
and permissions that already exist from you in relation
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to Customer Information shall continue to apply in full
force and effect, to the extent permissible by applicable
local law.
4.10.2 If all or any part of the provisions of these Terms
become illegal, invalid or unenforceable in any respect
under the law of any jurisdiction, that shall not affect
or impair the legality, validity or enforceability of such
provision in any other jurisdictions or the remainder of
these Terms in that jurisdiction.
4.11 Survival upon termination
These clauses 4.1 – 4.11 shall continue to apply
notwithstanding any termination by us or a member of the
HSBC Group of the provision of any Services to you or the
closure of any account.
5. Changing the Terms - general information
5.1 We may change interest rates and other Terms in
accordance with this clause 5 and clauses 6 to 10 in
this Section.
5.2 For products or services that you have which have particular
terms that are fixed, please see the Additional Conditions
for information on the circumstances in which we may
make changes to those terms. If there is a conflict between
this clause 5 or clauses 6 to 10 in this Section and those
Additional Conditions, the Additional Conditions will apply.
5.3 We can tell you about changes by notice on our website
www.expat.hsbc.com, through our Online Banking Service,
through our Telephone Banking Service or personally.
When we tell you about a change personally, we may
do this by post, email, Secure Message, a message on
your statement or in another way that will be sent to
you individually.
6. Interest Rate Changes
6.1 We may change interest rates applied to money you have
with us in your account. If we do this, we will update the
information on our Online Banking Service and/or our
website within three working days of any change.
6.2 Our overdraft rates are linked to, and track, the Bank
of England Base Rate (for sterling overdrafts), the US
Federal Reserve Funds Rate (for US dollar overdrafts)
or the European Central Bank Euro Repo Rate (for euro
overdrafts). If the underlying rate changes, then our
overdraft rates will change within one calendar month.
Details of our current overdraft rates are available within
our Tariff of Charges.
6.3 We may change the amount by which your overdraft
interest rate is set above or below the Bank of England
Base Rate, the US Federal Reserve Funds Rate or the
European Central Bank Repo Rate. If the change is
unfavourable, we will give you at least 30 days’ advance
personal notice. If it is favourable to you, then we will tell
you about the change within 30 days.
7. Other changes to the Terms
7.1 We may make changes to the monthly underfunding
charges for the HSBC Premier Service and the HSBC
Advance Service by giving you at least 30 days’ personal
advance notice.
7.2 We may make changes to any charges in the Tariff of
Charges (other than the monthly charges described in
clause 7.1 above) including changes to the basis on which
we charge for operating/providing product(s)/service(s) by
giving you at least 30 days’ advance personal notice.
7.3 We may make any other changes to the Terms (including
changes to any charges in the Tariff of Charges and
changes to the basis on which we charge for operating/
providing product(s)/service(s)), in the following ways:
if the change is favourable to you, by within 30 days
of the change, telling you about it personally; or
if the change is not favourable to you, by giving you at
least 30 days’ advance personal notice.
8. Reasons for making changes
We may make any change under clauses 5 to 7 in this
Section for all or any of the reasons set out in this clause 8
that apply:
if the change is favourable to you;
following, or in anticipation of, and to respond to a
change in relevant law or regulation, or to respond to a
change in industry guidance or code of practice or good
banking practice;
to respond to the making of a relevant recommendation,
requirement or decision of any court, regulator or
similar body;
to respond to the cost or consequences of any event
beyond our control that may impact our provision of
accounts, services or facilities to you;
to make the terms clearer;
to respond to any change in our systems and
procedures, including any change arising from any
reorganisation of our business as a result of it being
acquired by, or by our acquiring, another bank
or organisation;
to respond to any change in the base rate, or any rate
that replaces it, as set by the Bank of England or by any
bank that takes over responsibility for setting such a
rate (or the equivalent rate set by the relevant countrys
central bank when dealing with foreign currency);
to respond to changes or anticipated changes in costs
associated with relevant technology, the costs we pay
to others in respect of the product in question, inflation
and/or in our cost of providing accounts, services
or facilities;
to respond to any changes or anticipated changes in
money market interest rates or the cost to us of money
we lend;
to improve the services we provide; or
to respond to our internal policies on competitiveness,
market share and/or the profitability of our business as
a whole, where we are not acting dishonestly, for an
improper purpose, in a manner which inappropriately
discriminates against a particular customer or as an
unreasonable financial institution would.
9. Other reasons for making changes
We may also make a change to these Terms (other than a
change of the term of any fixed term product to which they
apply) under clauses 5 to 7 (in this Section) for any other
valid reason.
10. What you can do when we tell you about a change
10.1 When we give you advance notice of a change we intend
to make in accordance with clauses 5 to 8 in this Section
before the change takes effect, or for changes that are not
favourable to you made in accordance with clause 7.3 in
this Section up to 30 days after the date of the notice to
you, you may end this contract and close your account in
accordance with clause 10 in Section 2 of these Terms. If
you do not tell us that you want to end this contract, and if
we do not hear from you as described in clause 10.2 below,
before the date each change is to take effect, then you will
be deemed to have accepted the change and it will take
effect automatically.
10.2 If you do not accept a change made under clauses 5 to 10
in this Section, then you must tell us before the changes
take effect and we will treat this as notice from you to
end this contract and close your account immediately, in
accordance with clause 10 of Section 2 of these Terms.
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Section 2 Your Accounts
1. Opening an account
We may decline to open an account, refuse an application,
suspend the use of or request the closure of an account,
without giving a reason for any such decision. The minimum
balance required to open an account may be higher than
specified on our website and banking application forms for
nationals or residents of a limited number of countries.
2. Operating your account(s)
2.1 Joint accounts
2.1.1 Unless this conflicts with another authority given in
writing on the joint account, and until any one of you
cancels this authority, you authorise us to:
pay all cheques and accept other instructions for
payment or to stop payments, signed or given by
any one of you, whether the account is in debit or
credit; and
accept instructions signed or given to us by any
one of you to act on behalf of you all, in all other
transactions with us, including providing an overdraft
or other facility, opening further accounts in your
joint names (please also see clause 8.2 in this
Section) or changing your statement preference.
2.1.2 We will accept such authority until it is cancelled by
any one of you or treated by us as cancelled under
clause 2.1.3 in this Section or cancelled by law.
2.1.3 If any one of you tells us of a dispute between any of
you, we may treat this as notice of cancellation of the
authority set out at clause 2.1.1 above. If we do, any
further transactions, including payments by standing
order or direct debit, will need the authority of you all,
and the use of additional services such as our Online
Banking Service may be suspended (this would mean
that you would have to make alternative arrangements
for your regular payments to be made). We may also
ask for the return of any unused cheques and cards.
Until all the cards are returned, card transactions
(including those carried out via self-service machines)
will continue to be deducted from the joint account.
We will need the authority of all of you to pay out any
credit balance on the joint account or to close the
joint account.
2.1.4 We may disclose to any of you any information we
hold about the account(s), including historical statement
information. This means that where a sole account is
converted into a joint account, statement information
relating to the account when it was a sole account may
be made available to any of the joint account holders.
2.1.5 If you wish to change or add names to a joint
account, we require written advice signed by all parties
to the account. This will be in addition to any other
documentation we may require from any or all parties.
2.1.6 If you wish to remove a name from a joint account, we
will need to close the account and open a new account
in the name of the remaining party(ies). We will require
written advice signed by all parties to the account to
make this change.
2.1.7 On the death of a joint account holder, control of the
account will pass to the survivor(s) on production of
the death certificate, subject to any rights which we or
a third party may have. You should also refer to clause
10.8 in this Section.
2.1.8 You agree that if any one of you registers for our
Online Banking Service:
2.1.8.1 We may provide our Online Banking Service in
respect of your joint account even if not all of you
have registered for our Online Banking Service
2.1.8.2 You will be bound by our Online Banking Service
terms (terms are available upon request or on our
website www.expat.hsbc.com);
2.1.8.3 We may follow any instructions given to us in
relation to your joint account by any one of you,
even if any joint account mandate requires the
authority of more than one of you. This clause
overrides the mandates.
2.1.9 Where a joint account is held, and providing the
account is eligible for the service, we may:
provide our Online Banking Service in relation to
your joint account if we have accepted an application
for such service from any of you and the service is
available for that account;
and make information about your joint account
available through the service.
2.1.10 In respect of an Investment Account held in
joint names:
when using our Online Banking Service to redeem part
or all of the investment, proceeds from the redemption
will be paid into a bank account held with us in the
same names as the investment shareholders only.
Redemptions from sole accounts may be paid to a
joint bank account held with us provided that the sole
account holder initiating the instruction is one of the
joint account holders.
2.1.11 Please also see clause 4.7 in Section 1 for credit
reference agency, clause 1.19 in Section 1 for Set-
Off, clause 8.2 in this Section 2 for responsibility for
borrowing, clause 10.2 in this Section 2 for closing an
account, clause 2.2.1 in this Section 2 for statements,
clause 11.5.1 to 11.5.2 in this Section 2 for fees.
2.2 Statements
2.2.1 We’ll either post you a paper statement regularly (at
least every 12 months) to your correspondence address,
or your statement will be available to view within our
Online Banking Service. There may be a charge for each
paper statement we send you. Please refer to our Tariff
of Charges for details on charges for paper statements.
For joint accounts, if one account holder registers for
our Online Banking Service, then the statement delivery
preference for each account holder will be changed to
online statements (even for account holders who have
not registered for Online Banking Service).
By registering for this Online Banking Services, your
account statement delivery preference will automatically
be changed so that you will be sent online statements
on a monthly basis or, in the case of a Fixed Term
Deposit Account, upon maturity. Any existing Online
Banking customers will be notified prior to migrating
their statement preference to online statements. Online
statements are free of charge.
You, or any other party on the account, can change your
statement delivery preference back to paper statements
at any time by calling us.
2.2.2 You must read your statements carefully on receipt or
when they are available online. To help us prevent fraud,
you must tell us immediately by calling us, if you do not
recognise any transaction shown on your statement or
if you think any payment you have authorised has been
executed incorrectly. If you do not tell us promptly (at
the latest within 13 months of the date the transaction
was deducted from your account), you may not be
entitled to have any errors corrected.
It is Important to view your transactions regularly and
keep track of your balance, review any overdraft usage
and identify unusual or irregular transactions on your
accounts. If you have opted for Online statements via
our Online Banking Service, an email advice will be sent
directly to your email address when your statement
is ready for delivery. Please ensure that you maintain
an active internet banking profile in order to be able to
receive your statements. If you are having difficulties
accessing your online statements or would like to
12
discuss your statement needs further please contact
us on 01534 616313.
2.2.3. If we need to restrict your access to online banking
for any reason we will send you paper statements
instead, please refer to our Tariff for details about the
cost of paper statements.
2.2.4 When we provide you with details of the balance, it
may include transactions that are still in the process of
being cleared and so may be subject to change. We
may also provide you with the available balance on your
account; this represents funds that you are able to draw.
3. Payments into your account(s)
3.1 We will only accept sterling cheques which are payable to
you for payment into your account(s). We do not accept
cash or travellers cheques into your account.
3.2 Banking of cheques for payment will at all times be subject
to the rules and clearing processes of any cheque clearing
system(s) used by us.
3.3 You can pay sterling cheques into your Bank Account,
Saver Account, 30 and 90 Day Notice Accounts and
Multi Currency Cheque Deposit Accounts by post. To do
so, you must provide details of your name, your account
number, your address and your signature. We will only be
responsible for these after we have received them. We
do not accept non-sterling cheques below the currency
equivalent of GBP50 and if we receive such cheques from
you, we will return them to you.
3.4 You must get prior confirmation from us before sending us
currency cheques in excess of the currency equivalent of
£250,000 for payment into your account. If you do not do
so, we will return the cheque to you.
3.5 We do not accept cheques in the currency South African
Rand, if we receive a cheque in this currency we will return
it to you.
3.6 If you wish to pay in a cheque made out in one currency
into an account in a different currency, we will apply the
prevailing HSBC Expat exchange rate to that transaction.
3.7 You can pay funds into your account(s) by electronic transfer
from any bank. We may return payments with incomplete,
conflicting or incorrect details, and will not be responsible
for any loss as a result of this.
3.8 Although we accept Faster Payments these payments are
considered international transfers therefore may require
additional checks could result in the payment being delayed.
3.9 If we receive a payment in a different currency to the
currency of your account and your correct BIC and IBAN is
attached to that payment, we will convert the payment into
the currency of your account at the HSBC exchange rate
applicable when we receive the payment. We will then add
the payment to your account.
3.10 If you instruct us to make a payment from your account
in the currency of your account to a beneficiary with an
account denominated in a different currency, we may
route the payment through an intermediary bank (which
may be a member of the HSBC Group). If the payment
is to an account denominated in a different currency, the
intermediary bank may (but is not obliged to) carry out the
currency conversion. If such conversion is made it will be
at the prevailing market rate (chosen by the intermediary).
We will, on request, obtain and communicate the exchange
rate which has been applied by the intermediary after
the currency conversion has taken place. We may have
commercial arrangements in place with such intermediaries.
You acknowledge that we are not acting as your agent in
routing payments involving a currency conversion through
intermediaries.
3.11 If a sterling cheque or standing order is paid into your
account, but is subsequently returned unpaid, the amount
originally credited to your account will be deducted and we
will tell you once this has been done. Depending on why it
was unpaid, we will either re-present it (for cheques only)
to the drawer’s bank or return it to you. We may charge you
for this.
3.12 If an electronic payment is fraudulently or mistakenly
paid into your account, the amount of the payment may
subsequently be deducted. This may happen even if the
funds are included in the balance of your account, you
have used the funds to make a payment, transferred or
withdrawn all or part of them. If the deduction of the
payment from your account would either make your
account go overdrawn or go over an existing overdraft limit,
we will treat this as an informal request for an overdraft.
Please see clause 7.3 in this Section for information
on overdrafts.
3.13 Cheques made payable to two or more people may only
be paid into an account which is in the names of all
those persons.
3.14 By foreign cheques, we mean non-sterling cheques or
cheques drawn on an overseas bank. Foreign cheques
which you wish to pay into your account will be cleared
either by collection or by negotiation. Because of difficulties
that occur from time to time with foreign cheques, for
example exchange restrictions, we may not always be
able to negotiate or collect these cheques for you. We will
contact you to advise you in such an event. Your account
will be debited with any charges incurred by us and by
our agents. We will not be liable for any costs, loss,
damage or delay, however caused, unless it is as a result
of our negligence or default. Should we receive payment
in a different currency from that in which the item is drawn
neither we nor our agents will be liable for any loss in
exchanging the proceeds.
3.15 If a cheque is sent for collection, this means that your
account will not be credited until we have received the
funds from the paying bank which may take up to
eight weeks. However, in the event of the cheque being
dishonoured, your account will be debited with any fees
and unpaid cheque charges.
3.16 We may agree to negotiate a cheque although we are
not obliged to do so. This means that we will add to your
account within seven business days the full amount or the
converted amount if the cheque is in a different currency
to your account. If the cheque is returned unpaid, we will
have ‘recourse’ against you (and anyone who has signed or
endorsed it) and we can deduct from your account either
the amount we added or, if we converted the cheque into
another currency, the amount reconverted at the exchange
rate applicable on the date we make the deduction,
together with any fees and charges, and any costs arising
from foreign exchange transactions. We cannot be held
responsible for any loss incurred.
3.17 The Uniform Rules for Collections, as published by the
International Chamber of Commerce from time to time, also
apply to any negotiation or collection of foreign cheques or
other forms of foreign payment.
3.18 You must sign and print your name on the back of any
foreign cheques you pay into your account. Your signature
and printed name should be in the same form as your name
on the front of the cheque.
3.19 If we receive a payment for your account that does not
carry correct account information and we are not able to
allocate it to your account, we will return it to the remitting
bank. We will deduct a charge from the payment for
returning it. Details of the charge are set out in our Tariff
of Charges.
4. Payments you can make
4.1 You can make the following types of payments from
your account:
electronic payments;
cheques (if you have a cheque book);
13
standing orders (sterling bank account only);
Direct Debits (sterling bank account only);
debit card payments (if you have been issued with
a debit card).
4.2 We will make payments from your account(s) if:
you authorise them in any of the ways set out in these
Terms, but we may decline to make a payment if the
amount exceeds any limit we may set for monitoring
or fraud prevention purposes; and
there are enough cleared funds in your account to cover
the payments, or they are covered by an overdraft
that we have agreed following a formal or informal
request from you, made in one of the ways described
in clause 7.3 in this Section. We may consider any other
payments we have made, or have agreed to make from
your account(s), or which have already been authorised,
such as card transactions. This will be regardless of
whether or not these transactions have already been
deducted from your account. See clause 7 in this
Section. If your account is subject to a notice period,
then we will make a payment from it after the notice
period has expired. If you do not give us the required
notice, then we may make a charge.
4.3 You must provide us with all the following details to enable
us to make an electronic payment from your account:
the correct details of the recipient’s bank, including the
bank’s SWIFT Bank Identifier Code (BIC) address, sort
code or national bank code;
the recipient’s bank account number or International
Bank Account Number (IBAN);
the name and address of the recipient to whom the
payment is made;
your own account number, name and address; and
the recipient’s reference, if applicable.
4.4 For payments to another bank account, we will make
sure payments are sent to the recipient’s bank. It is the
recipient’s bank’s responsibility to make sure the payment
is added to the bank account of the recipient. Some
recipient banks will only use the BIC address, sort code or
national bank code and the account number or IBAN when
doing this.
4.5 If we receive:
any cheque drawn by you; or
any debit card transaction on your account; or
any other payment or withdrawal instruction or request
made by you (or by anyone with your authority) to us in
any way that would, if honoured by us, either make your
account go overdrawn or go over an existing overdraft
limit, we will treat this as an informal request from you
for an overdraft – please see clause 7.3 in this Section
for further details.
4.6 There may be a delay in us carrying out your instructions
for a payment to be made from your account while fraud
prevention checks take place. We may contact you by
text message, telephone or by email, even after we have
accepted a payment request, for further validation checks.
If we are not able to contact you, this may result in a delay
in the payment being made or us not making the payment.
4.7 If you also have investment accounts with all or any of
HSBC Fund Administration (Jersey) Limited, HSBC Funds
Nominee (Jersey) Limited or HSBC Bank plc, we may
consider the overall position on these accounts before
deciding whether to make payment from any of your
account(s) with us. However, we are not obliged to take
an overall view.
4.8 Any request for notes is to be made at a self-service
machine. We cannot accept telephone, electronic or written
requests for cash withdrawals of physical notes from
an account.
We will only authorise an encashment in any branch of
HSBC Bank in the case of emergencies whereby all other
means of cash withdrawal has failed.
4.9 We will commence processing instructions for payments
from your account(s) (including transfers between your
accounts held with us) received by 10:00 am UK time on
any business day (the term “business day” excludes all
Saturdays, Sundays and all public holidays) on that day. We
may commence processing instructions received later than
this the next business day.
4.10 When you instruct us to make an immediate payment, we
will do this as soon as we can. You can instruct us to stop
or cancel a payment as long as:
the amount has not been taken out of your account;
we have not told the person to whom it is payable or
their bank that it will be paid;
for payment instructions given to us in advance,
including standing order and Direct Debit, you ask us
no later than the day before the payment is due; and
it is not a cash or a card payment.
To cancel a Direct Debit, or other regular payment, you
should also tell the party that collects the payment from your
account. For cheques, please see clause 3.8 in Section 1.
4.11 If you wish to transfer between currencies, two business
days are required to transfer the funds. Any transaction
involving two different currencies will be processed at the
prevailing HSBC Expat exchange rate at the time of the
transaction. Indicative currency exchange rates are available
on our website www.expat.hsbc.com, via our Online
Banking Service or by telephoning us.
4.12 Payments to other accounts with us, with other companies
in the HSBC Group or with other banks, will be charged in
accordance with our Tariff of Charges.
4.13 “If you instruct us to make a payment from your account
to an account denominated in a different currency, we
may (unless you have prior to this contacted us by Secure
Message or telephone and requested that we do not
do so) route the payment through an intermediary bank
(which may be a member of the HSBC Group). Such
intermediary bank may (but is not obliged to) carry out
the currency conversion. If such currency conversion is
made it will be at the prevailing market rate (chosen by the
intermediary). We will, on request, obtain and communicate
to you the exchange rate which has been applied by the
intermediary after the currency conversion has taken place
(see contents page for our contact details). We may have
commercial agreements in place with such intermediaries.
You acknowledge that we are not acting as your agent
in routing payments involving a currency conversion
through intermediaries. We provide a payment service
to certain banks around the world through our network
of correspondent banking agents, subject to the charges
detailed within our Tariff of Charges as published from time
to time. Most payments will be processed on a SPOT basis,
i.e. two business days forward value.
4.14 We and our overseas agents will take all reasonable care
in the processing of payments. Should such care not be
exercised, we will be responsible for any loss of interest,
but not loss of contracts or profits or other consequential
loss, whether direct or indirect.
4.15 In some parts of the world, payments may be made to a
designated account number whether or not this account
number correctly identifies the intended beneficiary. You must,
therefore, ensure that both the account number and the name
of the beneficiary are correctly stated in your instructions to
us. We do not accept any liability for any kind of loss resulting
from an incorrect description of the beneficiary’s name or
account number in any instruction to us.
4.16 If you make a payment using our Telephone Banking
Service or Online Banking Service, you can generally expect
electronic payments to be received within five banking
days of the date on which we make them (a banking day
14
is when banks are open for international business in both
the financial centres the payment is being made to and
from). Payments may, however, be delayed if there are
complications in the routing of payments through overseas
banking systems. In addition, the times when payments
may be received vary according to where these payments
are being sent. As a result, we can give no general
assurance as to when payments will be received. You
may want to call us to discuss your needs in advance.
4.17 If you make a payment that does not require a foreign
currency exchange via our Telephone Banking Service or
our Online Banking Service to another current or savings
account you hold with us or to the account of someone
who banks with us, clause 4.16 in this Section will not
apply. If you make a payment using our Online Banking
Service, it will be deducted from your account immediately
and will normally reach the account of the recipient on the
same day. If you make a payment using our Telephone
Banking Service, it will be deducted from your account
immediately and will normally reach the account of the
recipient by the next business day.
4.18 You cannot cancel any request for an overseas payment
once the request has been made. At your request we may,
however, be able to recall the payment (although this is
not guaranteed) and, once we have received the proceeds,
we will credit your account. You will be responsible for any
incidental fees or charges incurred. Any proceeds may be
credited to an account in a different currency converted
at our prevailing exchange rate at the time of return. We
cannot be held responsible for any loss incurred.
4.19 Where payments are returned to us because of an error
in your instructions to us, we will credit your account once
we have received the proceeds. You will be responsible for
any incidental fees or charges incurred. Any proceeds may
be credited to an account in a different currency converted
at the prevailing exchange rate at the time of return. We
cannot be held responsible for any loss incurred.
4.20 Any expense we may incur in using the payment
services of an agent or overseas banker will be debited to
your account.
4.21 We cannot be held liable for any deductions made from
the payment by the receiving bank.
4.22 When writing a cheque, you must take all reasonable
precautions to prevent anyone else altering it or making
a forgery.
4.23 Cheque books are only available on request with bank
accounts and on Multi Currency Cheque Deposit Accounts.
If you have a cheque book or debit card for your account,
if either item is lost or stolen, or if you think that someone
has signed one of your cheques without your permission,
you must tell us as soon as you can.
4.24 You should not write a future date on your cheque as it
will not prevent the payee from paying it into their bank
account before that date.
4.25 If we receive for payment one of your cheques that is
more than six months old, we do not have to pay it but
we may do so.
4.26 All HSBC cards are issued by HSBC Bank plc in the UK.
The terms and conditions that apply to your card will be sent
to you when HSBC Bank plc sends you your debit card. Due
to the non-real time nature of HSBC Expat cards, you may
experience a slight delay when trying to access your money
via self-service machines or paying for goods and services
through a variety of channels, e.g. Internet, telephone,
television, mail order. This delay will be no longer than 36
hours excluding bank holidays. When transferring funds into
your account we recommend that you allow sufficient time
before paying for goods on your card.
4.27 Individuals who are resident but not domiciled in the
UK should note that use of their HSBC Bank plc debit
card, HSBC Bank plc credit card or American Express®
International Currency Card in the UK could be viewed by
HMRC (Her Majesty’s Revenue and Customs) as a transfer
of income into the UK and could lead to a UK income tax
liability on that income. If you are resident but not domiciled
in the UK, this could also happen as a result of using your
UK-based credit card worldwide or making payments to a
UK-based mortgage with HSBC Bank plc. Your tax position
will depend on your personal circumstances and you should
seek guidance from your tax adviser
4.28 For 30 Day Notice Accounts (which are no longer available
to open for new and/or existing customers), 30 days’ notice
must be given of any withdrawal you want to make. If you
fail to do this, 30 days’ interest will be charged, calculated
on the day you make the withdrawal. For 90 Day Notice
Accounts (which are no longer available to open for new
and/or existing customers), 90 days’ notice must be given
of any withdrawal you want to make. If you fail to do this,
90 days’ interest will be charged, calculated on the day you
make the withdrawal.
5. Charges
5.1 When you open an account, we will give you a copy of our
Tariff of Charges which includes details of charges and
interest rates that apply to the relevant product/service.
You can also find out details of these charges by telephoning
us or visiting our website www.expat.hsbc.com.
5.2 We may change at any time our charges and fees, set out
in the Tariff of Charges or otherwise in the Terms. We will
give you 30 days’ personal notice in accordance with clause
5 to 10 in Section 1 if we increase any of these charges or
fees, or if we introduce a new charge or fee.
5.3 We will tell you the charge for any other service or product
before we provide that service or product and at any time
you ask.
5.4 We may charge you negative interest on credit balances.
We will provide you with 30 days’ personal notice if we
start charging negative interest on any credit balances.
We will only start charging negative credit interest if
the prevailing market credit interest rate for the relevant
currency becomes negative.
6. Interest & Reporting
6.1 Information about our current interest rates is available on
our website www.expat.hsbc.com, or by telephoning us.
Credit interest is not payable on all our accounts.
6.2 Interest on sterling accounts is calculated on a 365-
day basis. Interest on most other currency accounts is
calculated on a 360- day basis. Interest rates are set
according to the type of account and the amount deposited.
Interest is paid monthly on Bank Accounts, Saver Account,
Online Saver account and Online Bonus Saver Account,
and bi-annually in April and October on Currency Savings
Accounts, 30 Day and 90 Day Notice Accounts and Multi
Currency Cheque Deposit Accounts.
6.3 When an account is closed, the interest due since the last
payment was made will be added to the closing balance.
6.4 In the absence of instructions to the contrary, interest will be
added to the balance of your account. We may vary the rate
of any interest payable and the interval at which it is paid.
If we do this, we will update the information on our
Telephone Banking Service, Online Banking Service and/or
website within three working days.
6.5 On request, credit interest can be paid into a different
account from that to which it applied or which it
accumulated on.
7. Borrowing from us
7.1 HSBC Premier customers with a Bank Account can request
borrowing by overdraft or by a separate loan. The most
suitable form of borrowing will be agreed between you and
us. In some cases we may need security. Before we lend
you any money, we will assess whether we feel you will be
able to repay. This assessment may include looking at:
15
your income and financial commitments;
how you have handled your finances in the past;
information we get from credit reference agencies and,
with your permission, others, such as your lenders, your
employer and your landlord;
information you give us, including information to prove
your identity and why you want to borrow;
credit assessment techniques such as credit scoring;
and
any security provided.
HSBC Advance customers with a bank account can apply for
a formal overdraft facility in exceptional circumstances only.
7.2 You must not borrow on any of our savings accounts. If
there is, at any time, a debit balance on any savings account
you have with us, then we will be entitled to charge interest
on the amount by which it is overdrawn.
We may continue to charge Overdraft Interest until there is
a cleared credit balance on your account.
7.3 You can request an overdraft, or an increase to an existing
overdraft, on our current accounts. You can do this in one
of two ways, either:
by way of a formal request, that is you ask us for,
and we agree to provide you with, an overdraft or
an increase to an existing overdraft limit before you
authorise any payments or withdrawals from your
account that, if made by us, would cause your account
to go overdrawn or over an existing overdraft limit; or
by way of an informal request, that is where you
authorise a payment or withdrawal to be made from
your account which, if made by us, would cause your
account to go overdrawn or over an existing overdraft
limit without having agreed with us in advance an
overdraft or an increase in an existing overdraft limit on
your account to cover such payment.
7.3.1 If we receive a formal request for an overdraft or an
increase to an existing overdraft limit from you, we will
consider your request and, if we agree to it, we will
send you a letter setting out the terms of the overdraft.
An arrangement fee may be charged if we agree to
your formal request. We may agree to provide you with
another overdraft at the end of the term of your facility
and, if we do so, a renewal fee may be payable.
7.3.2 If we receive an informal request for an overdraft from
you, we will consider your request and, if we agree to it,
we will provide you with an overdraft to cover the item
concerned for 31 days. We may charge you a fee for
any calendar month, or any part of a calendar month,
if either:
you are overdrawn without having agreed a formal
overdraft limit with us; or
you are overdrawn above any formal overdraft limit.
If we do not agree to an informal request from you for
an overdraft or an increase to an existing overdraft limit,
then we will not make any payment authorised by you
that would cause your account to go overdrawn or over
any agreed overdraft limit.
We may charge for considering and returning these
informal payment requests. Please refer to clause 5 in
this Section and the Tariff of Charges for more details
about our charges.
7.4 We will charge Overdraft Interest whenever your account
goes overdrawn, on the amount by which it is overdrawn.
This will be charged at the overdraft rate applicable to your
service. We will tell you the interest rate when the overdraft
is agreed and you will later be advised in writing.
7.5 Every day, we will work out the Overdraft Interest you owe
on the cleared debit balance of your account. It will be
deducted from your account monthly.
7.6 We may cancel, reduce or increase your overdraft limit,
but we will advise you of this action.
7.7 Unless we have agreed other terms with you in writing,
we may, at any time, withdraw your overdraft facility and
demand immediate repayment of any money you owe to us.
Also, unless we agree otherwise with you, we will continue
to charge Overdraft Interest at the same rate and on the
same basis after demand or withdrawal has been made.
In the event of demand, interest will be calculated on the
amount demanded.
7.8 When your account is overdrawn, you should still make
regular payments into your account. You must tell us if you
are unable to do this.
7.9 You agree to indemnify us for any legal costs, expenses
and disbursements we may incur in relation to running your
account, including but not limited to any legal costs incurred
due to legal obligations imposed upon us in relation to your
account. We reserve the right to immediately set-off credit
balances you hold with us to reduce or repay these legal
costs, expenses or disbursements. If we decide to take this
action, we will tell you why and when it will be done.
8. Responsibility for borrowing
8.1 You are personally responsible for any money you owe us,
whether this arises from your own actions, from the actions
of someone authorised by you, or from the use of any card
that we, other HSBC Group companies or any other third
party has issued to you in connection with your banking
relationship with us.
8.2 If the account is in joint names, all of you are together and
individually responsible for any money owed to us. We may
demand repayment from all and any of you for any money
owing on the account. Please also see clause 2.1 in this
Section. Where any of you also has an account with us in
your sole name, and that account has a credit balance, we
can set off these monies against any money owing to us
on the joint account, even if the accounts are in different
currencies and/or jurisdictions. Please also see clause 7.9
in this Section and clause 1.19 in Section 1.
9. Inactive account(s)
9.1 If you have a current or a savings account and have not
undertaken any transactions through your accounts
(excluding automated transactions such as direct debits
or standing orders) for more than 12 months, then it will
be classified as an inactive account. If you don’t undertake
any transactions through the account(s) for 24 months an
account becomes restricted.
You can activate an inactive account by completing basic
banking activities such as debit transactions through
online banking services or through our call centre for
up to 24 months.
We will endeavour to advise you when an account has
been classified as an inactive account or become a
restricted account.
Occasionally we may not be able to contact you to give
you this advance notice, if this would compromise our
reasonable security measures or it is unlawful to do this.
9.2 To reactivate a restricted account, you will need to contact
us by telephone using your PBN and PIN or via secure
message through our Online Banking Service.
9.3 When logging into your online banking services, any
restricted accounts will be listed but you will be unable to
transact on them. You can of course, continue to use the
online banking service to access any other active account(s)
(if you have not yet registered for our online banking
services, at registration any restricted accounts
will not be available for selection).
When calling our contact centre or providing written
instructions you will be asked to go through additional
security, in order to re- activate a restricted account.
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10. Closing your account(s)
10.1 For a period of 14 days after the date we open your
account, excluding Fixed Rate Saver Account and Fixed
Term Deposit Account, you have the right to cancel your
contract with us and close your account. You can do this
by telephoning us. We will give you all your money back
together with any interest it has earned.
10.2 If you wish to close an account in your sole name, you
may do so by advising us in writing, via our Telephone
Banking Service and via a Secure Message in our Online
Banking Service. Any joint account party can ask us to close
an account in your joint names or end the joint banking
relationship with us, unless there are circumstances that
require us to obtain authorisation from all of you.
10.3 If we wish to end our banking/account relationship with
you, we will give you at least 30 days’ notice in writing,
unless clause 10.4 applies.
10.4 We can end our banking/account relationship with you
immediately in the following situations:
10.4.1 If you have seriously or persistently broken any of the
Terms, including where:
you are, or we reasonably suspect you may be,
using or obtaining, or allowing someone else to use
or obtain, an account, service or money illegally; or
your account is, or we reasonably suspect your
account is, being used for an illegal purpose; or
you are, or we reasonably suspect you may be,
acting fraudulently; or
your behaviour is improper, for example you act
in a threatening or violent manner towards staff,
which makes it inappropriate for us to maintain your
account; or
you were not entitled to open your account or take
out your service; or
we have demanded that you repay an overdrawn
balance on your account to us and you fail to do so;
or
you have not provided us with adequate information
required under clause 4.3.2, Section 1; or
10.4.2 if we reasonably consider that by continuing our
banking/relationship with you:
we may break a law, regulation, code, court order
or other duty; or
we, or another HSBC Group company, may be
exposed to action or censure from any government,
regulator or law enforcement agency.
10.5 We will automatically close your account if you:
open an account and do not pay any money in
during the first three calendar months; or
hold an account balance of less than $25 (or
currency equivalent) and there has been no
transactional activity on your account for at least
12 months.
10.6 We will require you to repay any money owed to us before
we close your account. If, after account closure, we or
other HSBC Group companies or any other third party pay
any cheques you have issued or card transactions you have
made or incur any charges relating to these, you agree to
repay us those amounts in full whether or not they have
been deducted from your account.
10.7 You must destroy and dispose of all cards that we, other
HSBC Group companies or any other third party have
issued to you in connection with your banking relationship
with us, by cutting them into at least six pieces, and destroy
any unused cheques.
10.8 In the event of the death of a sole account holder, we may
require a Grant of Probate or Grant of Representation issued
by the authorities in Jersey before releasing any monies in
your account to your personal representatives.
11. HSBC Premier and HSBC Advance
11.1 General
11.1.1 HSBC Premier and HSBC Advance offer a range of
services. HSBC Premier Service also offers preferential
rates and prices.
11.1.2 For the purposes of this clause 11, when we refer
to accounts held with “us”, we mean any account that
would contribute towards your relationship balance (see
clause 11.2.3 below).
11.1.3 Separate terms and conditions may apply to some
or all of the benefits of the HSBC Premier and HSBC
Advance services. We will tell you which benefits
are available and will provide you with any terms and
conditions that apply to those benefits when you
enquire about or apply for HSBC Premier or HSBC
Advance. We may later change these benefits and any
applicable terms in accordance with clauses 7 and 8
in Section 1.
11.1.4 We may, at our complete discretion, decide to waive
any applicable fee we charge for HSBC Premier or
HSBC Advance. However, if we do so, we may start
charging you the applicable fee again in the future.
11.1.5 You have the right to cancel HSBC Premier for a
period ending 14 calendar days after you first become
eligible for it, with a full refund of any fees taken. This
cancellation period does not apply if you change from
one service to another. For applications completed by
telephone, the cancellation period will start from the day
that you receive the terms and conditions in the post.
11.2 Eligibility criteria
11.2.1 The service you are eligible for depends on your
relationship balance with us. Please see our Tariff of
Charges for the minimum relationship balance eligibility
criteria for each service.
11.2.2 We may change the minimum relationship balance
levels for each service by giving you 30 days’ advance
personal notice (personal notice will be given in
accordance with clauses 5 to 8 in Section 1 of
these Terms).
11.2.3 The relationship balance is the total average credit
balance, calculated every calendar month, of all HSBC
Expat accounts and accounts that you hold with HSBC
Fund Administration (Jersey) Limited or HSBC Funds
Nominee (Jersey) Limited in the same name(s).
11.2.4 The way we assess the relationship balance depends
on whether it is for joint accounts or sole accounts:
Sole account relationship balance: we will combine
the balances of all sole accounts held in the same
name and all joint accounts which have that name
as a joint account holder;
Joint account relationship balance: we will combine
the balances of all joint accounts that are held in
exactly the same names. We will not include sole
accounts, or any joint accounts that are not held
in exactly the same names, when assessing your
joint account relationship balance. This means that
if you have both joint accounts and sole accounts
with us, you may be eligible for a different service
for your sole accounts compared with your joint
accounts. This will affect the fees that you pay and
the services and benefits that are available to you.
17
11.2.5 Examples of how relationship balances are calculated
for sole, joint and multiple relationships with us where a
customer has only one relationship balance with us, for
example because (s)he has only a sole account, or has
only a joint account.
Example 1 – Mr and Mrs Stewart have a joint savings
account with us, which benefit from the HSBC Premier
Service. Neither of them have any other accounts with
us. In January, their joint account relationship balance is
GBP64,000, and so the HSBC Premier qualifying criteria is
met. They will not have any fees for that calendar month.
Example 2 – Mr Smith has a sole bank account with us,
which benefits from the HSBC Premier Service. He has
no other accounts with us. In September, his sole account
relationship balance is GBP44,052, and so the HSBC
Premier qualifying criteria is not met. We will deduct an
underfunding fee of GBP35 from Mr Smith’s bank account
for that calendar month. Mr Smith should ensure that he
brings his relationship balance above GBP60,000
for October.
Example 3 – Mr and Mrs Johnson have a joint bank
account, which benefits from the HSBC Advance Service.
Neither of them have any other accounts with us. In June,
their joint account relationship balance for the month is
GBP8,092 and because their relationship balance is under
GBP25,000, a underfunding fee of GBP15 will be deducted
from their bank account. They should ensure that they bring
their relationship balance up above GBP25,000 for July.
Example 4 – Mr Green has a sole savings account and a
joint current account with Mrs Green. The sole account
benefits form the HSBC Premier Service and the joint
account benefits form the HSBC Advance Service.
Neither of them have any other account with us. In May,
Mr Green’s sole account relationship balance for the calendar
month is GBP65, 000 (GBP20,000 for the joint account plus
GBP45,000 for the sole account). No fee will be applied that
month to the sole account. Mr and Mrs Green’s joint account
relationship balance for the month is GBP20,000 (the money
in the joint account only is used in calculating this relationship
balance). Because their joint account relationship balance
is under GBP25,000, a underfunding fee of GBP15 will be
deducted from the bank account. Mr and Mrs Green should
ensure they bring their joint account relationship balance up
above GBP25,000 for June.
11.3 Opening an account with us
11.3.1 When you first take out a sole account with us, we
will assess your relationship balance and which service
it is eligible for.
11.3.2 When you open a joint account with us, which
is held in names that are not the same as any other
account held with us, we will assess the joint account
relationship balance for that account and which service
it is eligible for.
11.3.3 If you subsequently add more money to your
account(s), or open other account(s) that contribute
towards your relationship balance, and your relationship
balance increases above the minimum relationship
balance for another service, you can ask us to upgrade
to that other service.
11.3.4 Please see clause 11.4 below for details of what will
happen if you fail to meet the minimum relationship
balance for your service.
11.4 Failure to meet the eligibility criteria
11.4.1 After you first become eligible for a service, we
will review and assess your relationship balance three
full calendar months after opening and each calendar
month after that. If when we review and assess your
relationship balance you fail to meet the qualification
criteria for the service you receive, we will charge
an underfunding fee (if any). Please see the Tariff of
Charges for details of the underfunding fees.
11.4.2 The underfunding fee will be deducted from your
bank account on the 5th day of the second calendar
month following the month for which the fee is payable.
You will be notified of this in advance.
Example – Mr Smith benefits from the HSBC Premier
Service. In January, Mr Smith’s total relationship
balance for the calendar month is below GBP60,000.
Mr Smith will be notified about this in February and an
underfunding fee of GBP35 will be deducted from his
account on 5 March.
11.4.3 If you have HSBC Premier and you fail to meet the
qualification criteria for three consecutive calendar
months, we may, at our complete discretion, convert
you to our HSBC Advance service. We will give you
30 days’ advance personal notice before we do this.
Alternatively, we may give you 30 days notice that we
will be closing your account.
11.5 Payment of fees
11.5.1 You authorise us to deduct fees payable for your
sole account relationship balance from your sole bank
account with us, if you have one. If you do not have
such an account with us, you authorise us to deduct
the fee(s) from another sole account you have with us.
11.5.2 You authorise us to deduct fees payable for your
joint account relationship balance from the joint bank
account held with us in the names of the joint account
relationship balance, if you have one. If there is no such
account with us, you authorise us to deduct the fee(s)
from another joint account held with us in those names.
11.6 Bank Account
11.6.1 You will be eligible to open a bank account with any
service. However, if you have HSBC Premier you will
be eligible for the HSBC Premier benefits on your bank
account and, if you have HSBC Advance, you will be
eligible for the HSBC Advance benefits on your
bank account.
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Section 3
Product Conditions
These terms and conditions are Additional Conditions and apply
in addition to the rest of the terms in the Banking Terms of
Business. If there is a conflict, then these terms will apply.
1. Online Bonus Saver Account
1.1 You must also be registered for our Online Banking Service
to apply for an Online Bonus Saver Account and you can
only apply for an Online Bonus Saver account by using our
Online Banking Service.
1.2. You cannot open an Online Bonus Saver Account on behalf
of someone else. Your Online Bonus Saver Account will be
opened in the same name(s) as the account from which you
are making the initial transfer of funds.
1.3. You can have an Online Bonus Saver Account in sterling,
US dollars or euros.
1.4. A minimum deposit of GBP5,000, USD5,000 or EUR5,000
is required to open an Online Bonus Saver Account.
1.5. You must keep a minimum balance in your Online Bonus
Saver account of GBP5,000, USD5,000 or EUR5,000
(“Minimum Balance Requirement”) as appropriate. You
will not receive interest on the funds in your Online Bonus
Saver Account if the balance falls below the Minimum
Balance Requirement.
1.6. Your Online Bonus Saver Account must be operated online
through our Online Banking Service. You will be able to
access your balance and account information online.
For details of making payments into and out of your
Online Bonus Saver Account, please see clauses 1.10
and 1.11 below.
1.7. We may send you any communication relating to your
Online Bonus Saver Account including, but not limited
to, variations to the terms and conditions or interest rate
applicable to it, by Secure Message via the Online
Banking Service.
1.8. Historical and current statement information will be
available to view online. Your Online Bonus Saver Account
will also be included on your monthly statement that shows
all the payments to and from your accounts held with us.
1.9. When we provide you with details of the balance on your
Online Bonus Saver Account, it may include transactions
that are still in the process of being cleared and so may
be subject to change. We may also provide you with the
available balance on your Online Bonus Saver Account.
This represents funds that you are able to draw.
1.10. An initial deposit must be made using our Online Banking
Service to transfer monies from a current or savings
account you have with us. You may not make payments into
your Online Bonus Saver Account by cheque or in cash.
1.11. You can make a payment from your Online Bonus Saver
Account to another current or savings account you hold
with us via our Online Banking Service, provided you have
cleared funds in your account to cover the payment.
1.12. In addition, a limited payment facility is available within our
Online banking Service to enable payments to the accounts
of third parties or accounts you hold with other financial
institutions. Maximum payment limits apply (refer to the
“Online Banking FAQs” or the “Help” pages within our
Online Banking Service for details).
1.13. If you make any withdrawal from your Online Bonus Saver
Account, no bonus interest will be payable on the whole
balance for the calendar month in which the withdrawal
was made. Please see clause 1.16 below for further
details. Transfers to other HSBC accounts are classed as
a withdrawal from your Online Bonus Savings Account.
1.14. You cannot set up Direct Debits, standing orders or
standing instructions to make payments from your Online
Bonus Saver Account.
1.15. You will receive interest when you have a cleared credit
balance of GBP5,000, USD5,000 or EUR5,000 or more in
your Online Bonus Saver Account:
1.15.1. at our standard Online Bonus Saver Account rate; and
1.15.2. at our bonus rate for every calendar month during
which you have not made a withdrawal from your
Online Bonus Saver Account or closed your Online
Bonus Saver Account.
1.16. We calculate interest on the daily cleared balance on your
Online Bonus Saver Account and pay it each month into
your Online Bonus Saver Account (or such other account
with us as you request) on the first working day of
each month.
1.17. Interest at the standard Online Bonus Saver Account rate
will be paid for the period beginning with the first working
day of the previous month (or the date of account opening
in the first month) until the day before the interest
payment date.
1.18. Interest at the bonus rate will be paid for the previous
calendar month unless during that period you have
made a withdrawal from or closed your Online Bonus
Saver Account.
1.19. If you transfer your interest out of your Online Bonus
Saver Account this will be classed as a withdrawal. Please
send us a Secure Message through our Online Banking
Service if you wish for your interest to be paid into another
HSBC account each month.
1.20. You may close your Online Bonus Saver Account at any
time. You must tell us by sending us a Secure Message
through our Online Banking Service or in writing.
1.21. We may withdraw the Online Bonus Saver Account from
sale at any time. This will not affect existing customers who
already hold an Online Bonus Saver Account.
1.22. All charges that apply to the Online Bonus Saver Account
are covered in the Tariff of Charges applicable to it.
1.23. If any Additional Conditions contradict these Online Bonus
Saver Terms, then the Additional Conditions will apply.
1.24. These Online Bonus Saver Account terms need to be read
in conjunction with the Terms.
2. Fixed Rate Saver Account and Fixed Term Deposit
Account (FTDA)
2.1 You can only make one deposit of money (Deposit) into your
Fixed Rate Saver Account/FTDA. A fixed term (Term) as
chosen by you when you applied for the Fixed Rate Saver
Account and FTDA will apply to your Deposit.
2.2. You cannot make additions to your initial Deposit.
2.3. The interest rate you will receive is fixed for the Term and
we will calculate interest daily on the cleared balance of
your Fixed Rate Saver Account and FTDA.
2.4. You can provide instructions to us relating to your account
by post, telephone or via our Online Banking Service.
2.5. You can withdraw the entire balance of your account
before the end of the Term and close your Fixed Rate Saver
Account and FTDA, but we will charge you a fixed fee of
GBP50 (or currency equivalent). You may also be charged
a further fee reflecting any extra cost we incur in funding
the repayment. This will depend on the amount of money
in your account, the amount of time to the end of the
Term and current market rates. If you wish to give us an
instruction to add to or make a withdrawal from a FTDA you
will need to give us your instruction by 12 midday UK time
on the day of maturity.
2.6. For Currency FTDA this will need to be received by 12
midday 2 business days prior to the date of maturity at
the latest.
2.7. Partial withdrawals are not allowed during the Term.
2.8. We will provide you with a statement at the start and end
of the Term for your Fixed Rate Saver Account and FTDA.
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2.9. We may change any of these Fixed Rate Saver accounts
and FTDA terms, in accordance with clauses 5 to 8 in
Section 1.
We will tell you about changes by notice on our website
www.expat.hsbc.com, through our Online Banking Service
through our Telephone Banking Service or personally, which
includes telling you by post, statement message, email or
Secure Message.
2.10. We may change our charges and will give you 30 days’
notice if we increase our charges or introduce a new charge
in accordance with clauses 5 to 8 in Section 1 (any change
will not affect any existing Fixed Rate Saver Accounts
you have).
2.11. The following terms only apply to Fixed Rate Saver
Account. Fixed Rate Saver Account is only available in
sterling or US dollar. The minimum deposit is GBP25,000
or USD25,000 as applicable; the maximum is usually
GBP500,000 or USD500,000, although we may agree
to accept deposits in excess of this figure.
2.12. You can open one Fixed Rate Saver Account for each
Term we offer, in each currency we offer.
2.13. You must have and keep open a Bank Account or Saver
Account with us (in the same name and currency as your
Fixed Rate Saver Account) for the duration of your Fixed
Rate Saver.
2.14. We will pay you interest at the end of the Term.
2.15. At the end of the Term, and at any other time when
you withdraw the entire balance of your Fixed Rate Saver
Account, your Deposit plus interest will be paid into your
Bank Account or Saver Account held with us (in the same
name and currency as your Fixed Rate Saver Account),
which you must nominate on the application form when
applying for the Fixed Rate Saver Account.
2.16. We may withdraw the availability of Fixed Rate Saver
Accounts at any time without giving notice. Fixed Rate
Saver Account(s) already opened will be unaffected.
2.17. If you are a sole account holder and you die, your deposit
will be repaid at the end of the Term to your personal
representative(s) in accordance with clause 10.8 in Section
2 of these terms. If the deposit is made in joint names, we
only make repayment to the surviving depositor(s) or the
personal representative(s) of the last survivor.
2.18. You must make new-to-bank deposits into a Fixed Rate
Saver Account. However, exceptionally, we may agree to
accept money already deposited with us into a Fixed Rate
Saver Account.
2.19. The following terms only apply to FTDAs.
2.20. FTDAs are available in sterling, US dollar, euro, Australian
dollar, Canadian dollar, Hong Kong dollar, Swiss francs and
Japanese yen. Other currencies may be available upon
request. Minimum deposit amounts apply of GBP5,000 or
USD10,000. For all other currencies, please telephone us
or look on our website.
2.21. We will pay you interest at the end of the Term, except
where the Term is longer than one year, when we will pay
interest on the anniversary of the FTDA being opened.
Interest will be added to your FTDA, unless we have
received instructions from you to pay it to a different
account.
If the Term is longer than one year, the Interest will need to
be paid into a different account. Interest cannot be paid into
another FTDA.
2.22. Unless you give us instructions to the contrary, at the
end of the Term your deposit plus interest will automatically
rollover into a new fixed term. The new fixed term will be of
identical length to the Term. The interest rate that will apply
will be our prevailing fixed rate on the day your deposit plus
interest rolls over. We will send you confirmation of the
rollover. These FTDA terms will continue to apply to your
new FTDA and the new fixed term will become the Term
for the purposes of these FTDA terms.
2.23. If you want to have your deposit and interest paid into a
separate account at the end of the Term, you must advise
us at least two working days before the end of the Term.
3. Renminbi Currency Savings Account and Fixed Term
Deposit Account (FTDA)
3.1 Your renminbi Currency Savings account (“renminbi CSA”)
or renminbi Fixed Term Deposit Account (“renminbi FTDA”)
will be held in the “Offshore currency CNY”. The renminbi
is the official currency of the People’s Republic of China.
There are two markets for renminbi which are called
“Onshore” and “Offshore”. The Onshore currency can be
remitted into mainland China and Macau whilst the offshore
currency is held offshore and cannot be remitted in to
mainland China and Macau.
3.2 Making payments or transfers from a renminbi CSA or a
renminbi FTDA into mainland China and Macau is
not permitted.
3.3 You can make payments from a renminbi CSA or a renminbi
FTDA using:
the Global Transfers facility in our Online Banking
Service; or our Telephone Banking Service; or
by written instruction
3.4 Deposits into a renminbi CSA or FTDA from either another
HSBC account or an account at another bank, shall be by
way of inward electronic payment only and no cash or
cheque deposits are permitted.
3.5 Withdrawals from your renminbi account shall be by way of
outward electronic payment only and no cash withdrawals
are permitted.
3.6 HSBC Expat does not have a set limit for the value of
overseas electronic payments of renminbi. You must
confirm with the receiving bank directly if they apply
specific limits to incoming payments in Offshore renminbi.
3.7 The Bank reserves the right to reject or refuse any or part
of any inward payment or outward payment, or reverse
any or part of any inward payment, outward payment or
transaction if:
3.7.1 The Bank is of the view that such inward payment,
outward payment or transaction is in violation of any
applicable rules, or the renminbi Terms or the Banking
Terms of Business; or
3.7.2 a correspondent bank or the beneficiary bank should
at any time reject or return such outward payment, on
any ground (whether or not disputed); and
3.7.3 you shall be responsible for all losses, costs, expenses
and charges incurred or suffered by you arising as a
result thereof. We will not be liable for these.
Foreign exchange transactions in renminbi currency.
Exchange rates and interest rates quoted by
HSBC Expat are based on renminbi CNY Offshore
market pricing.
You should be aware of the potential risks of banking in
a currency that is not your usual currency.
Fluctuations in exchange rates may also impact
adversely when converting currencies to and from
renminbi. For example, due to foreign exchange
fluctuations, the actual sterling equivalent of a renminbi
deposit could be smaller than the original amount
deposited in sterling (i.e. there is a risk of loss of
principal on a sterling basis). Please also remember that
past performance of a currency is not necessarily an
indication of its future performance.
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4. HSBC InvestDirect International Account (IDIA)
The full terms and conditions can be found on our website.
This Section applies to customers who are using IDIA
provided by HSBC Bank plc and have an HSBC IDIA which
is funded from an account they have with us. These Terms
apply in addition to the IDIA Sharedealing and Investment
Terms and Conditions and the rest of these Banking Terms
of Business.
4.1 The settlement account of your IDIA with HSBC Bank
plc will be funded from an account you have with us at
the close of each business day as set out in clause 7.3
in Section 3 of the IDIA Terms and Conditions. It is your
responsibility to ensure there are sufficient funds in your
account with us to cover any daily debit balance on the
settlement account of your IDIA or, alternatively, agree
a suitable overdraft facility with us to cover this. If your
account goes overdrawn without an agreed overdraft or
goes over any agreed overdraft limit as a result of you
trading in investments through your IDIA, you agree that
we may, upon at least seven days’ notice in writing to you
(which can be by post or by email), request HSBC Bank plc
to arrange the sale of sufficient investments in your IDIA to
cover the unauthorised position on your account unless this
is brought back into an authorised position within the time
limit in the notice. You agree that we can tell HSBC Bank
plc to pass the sale proceeds of your investments to us
as set out in clause 2.2 in Section 3 of the IDIA Terms
and Conditions.
If such sale proceeds exceed the amount of the
unauthorised position on your account, your account will
be credited with the surplus amount. If there is a shortfall,
you will remain liable for this. We will not be responsible
for any loss or reduction in the price of your investments as
a result of them being sold by HSBC Bank plc. The notice
referred to above will be sufficiently given to you if posted
to your principal residential or correspondence address, or
sent by fax or other electronic means to your last known
fax number or electronic mail address. If sent by post, the
notice is deemed served at noon the seventh day following
the day it was posted.
If sent by fax or other electronic means, any demand or
notice shall be deemed to have been made or given at the
time of transmission.
4.2. You agree that we may exchange information about you
and/or your account(s), for any reason, with HSBC Bank
plc and/or their agents. Please see clause 4 in Section
1 of these Terms for other ways in which we deal with
information about you.
4.3 If we close your account with us, we will automatically
close your IDIA if it is empty. We will give you 30 days’
notice of this.
General Information
Issued by HSBC Expat, a trading name of HSBC Bank
International Limited, HSBC House, Esplanade, St Helier,
Jersey JE1 1HS. HSBC Bank International Limited, incorporated
in Jersey, is regulated by the Jersey Financial Services
Commission for Banking, General Insurance Mediation,
Investment and Fund Services Businesses.
HSBC Bank International Limited Hong Kong Branch is licensed
by the Hong Kong Monetary Authority as an authorized
institution in Hong Kong and registered with the Securities and
Futures Commission to conduct Type 1 (dealing in securities)
and Type 4 (advising on securities) regulated activities under
the Securities and Futures Ordinance (central entity number
assigned by the Securities and Futures Commission: AGH398).
This material is distributed by HSBC Bank International Limited
Representative Office Dubai, regulated by the Central Bank
of the United Arab Emirates. Deposits made with our office
in Jersey are not protected by the rules made under the UK’s
Financial Services and Markets Act 2000 for the protection of
retail clients, including the UK Financial Services Compensation
Scheme and the UK’s Financial Ombudsman Service. Deposits
made with our office in Jersey are not protected deposits
under the Hong Kong Deposit Protection Scheme and are not
protected by such scheme. However, HSBC Bank International
Limited is a participant in the Jersey Bank Depositors
Compensation Scheme. The Scheme offers protection for
eligible deposits of up to £50,000. The maximum total amount
of compensation is capped at £100,000,000 in any five year
period. Full details of the Scheme and banking groups covered
are available on the States of Jersey website www.gov.je/dcs,
or on request. Copies of our latest audited accounts are
available upon request from HSBC Bank International Limited,
HSBC House, Esplanade, St Helier, Jersey JE1 1HS.
Complaints
Contact us – we’re here to help
We are committed to providing you with a first-class service and
effectively delivering the products and services you need. Even
with the best of intentions, we know things can go wrong. So,
if for any reason you are not entirely satisfied with any aspect
of our service, please let us know as soon as possible. We’ll
investigate the situation and where necessary, set about putting
things right as quickly as possible. We may also take steps to
avoid similar problems happening in the future.
Your views are important to us and your feedback is key to
improving the products and services we offer.
Telephone our Customer Care Team
+44 1534 616028
Our Customer Care Team is open Monday to Friday, 8am - 5pm
(UK time).
Outside of these hours, our 24/7 Contact Centre is here to
assist you.
To help us continually improve our service, and in the interest
of security, we may monitor and/or record your communication
with us.
Online
If you’re an existing customer and use our Online Banking
Service, you can use the Contact Centre to send us a Secure
Message once you have logged on.
Alternatively, you can email us at:
expat.customer.relations@hsbc.com
Post
Write to us at the following address:
Customer Care Team
HSBC Expat
HSBC House
Esplanade
St Helier
Jersey
JE1 1HS
Channel Islands.
Our complaints process
What happens when you first complain?
We will always try to resolve your concerns there and then.
If this is not possible, we will fully investigate all the issues
you have raised by speaking with you or writing to you. We
will acknowledge your complaint within 48 hours and, in
most cases, resolve your concerns when we contact you.
Occasionally, however, it may be necessary to investigate
your complaint further, but we aim to resolve your complaint
within 5 working days for general banking related complaints
and within one month for investment related complaints. If this
is not possible, you will be advised either by telephone or in
writing. We hope that you will not need to progress beyond this
first step, as we are confident that we can resolve any concerns
you raise with us to your satisfaction.
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What can you do if you’re not satisfied with the response
to your complaint?
Clearly, we always want to be able to resolve your concerns.
If you consider that our response to your complaint still does
not fully address your issues, please let us know so we can
understand if there is anything more we can do.
However, where you are not satisfied with our final response
to your complaint, you can refer your concerns to the Channel
Islands Financial Ombudsman (CIFO). If you want to contact
the CIFO about your complaint, you will need to do this within
six months from the date of our final response or they may not
be able to review your complaint.
In addition, you must also contact CIFO within 6 years of the
event complained about or, if later, 2 years of when you could
reasonably have been expected to become aware that you had
a reason to complain.
You can contact the CIFO at:
Channel Islands Financial Ombudsman (CIFO)
P O Box 114
Jersey,
Channel Islands
JE4 9QG
Website: www.ci-fo.org
Email: enquiries@ci-fo.org
Jersey local phone: 01534 748610
For concerns relating to our Hong Kong office, you also have
the right to refer the matter to the Complaint Processing Centre
of the Hong Kong Monetary Authority at 55/F, Two International
Finance Centre, 8 Finance Street, Central, Hong Kong.
For monetary disputes, you have the right to refer the matter to
the Financial Dispute Resolution Centre (FDRC) at Unit 3701-4.
37/F, Sunlight Tower, 248 Queen’s Road East, Wan Chai, Hong
Kong. In order to be eligible for resolution of disputes under the
Financial Dispute Resolution Scheme administered by FDRC, a
written complaint must be filed with us and a final written reply
in respect of the complaint has been issued or no final written
reply has been issued within 60 days. Also, the dispute must
be of a monetary nature not exceeding HK$500,000 (including
any interest on any amount alleged to be a loss) or the foreign
currency equivalent.
Data provided to Hong Kong branch
Where personal data is being or has been collected by our
Hong Kong branch, in addition to clause 4 of Section 1 of these
terms which explains how we will use Customer Information
you will be given the Notice relating to the Personal Data
(Privacy) Ordinance that applies to you and other individuals (the
“Notice”) also contains important information about how we
and the HSBC Group will use such information and you should
read clause 4 of Section 1 in conjunction with the Notice. You
agree to the Notice and further agree that the “Purposes”
as defined in clause 4 of Section 1 and the persons to whom
Customer Information will be disclosed shall be extended to
include the purposes and persons set out in the Notice. You
must ensure that every Connected Person whose information
has been or will be collected by us in Hong Kong has been
notified of and agreed to the Notice (as may be amended or
supplemented by us from time to time).
© HSBC Bank International Limited. 2016. All Rights Reserved. CP001351/160712/CN/265