Personal Internet Banking Terms and Conditions

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Table of Contents:

1. What This Agreement Covers

2. Personal Internet Banking Services

3. Other Terms and Conditions

4. Log On Credentials

5. Wire Transfers

6. HSBC Mobile Banking

7. Electronic Funds Transfer

8. Bank to Bank Transfers Service

1. What This Agreement Covers

This Agreement between you and HSBC Bank USA, N.A. (“HSBC”) governs the use of Personal Internet

Banking services. These services permit enrolled HSBC customers to perform a number of banking

functions online through the use of a personal computer or, for some functions, a mobile device on

accounts linked to the service, including some accounts with our affiliates, such as HSBC Securities

(USA) Inc. (“HSBC Securities” or HSI). Unless indicated otherwise by the context, “linked HSBC

accounts” or “linked accounts” refers to all of your accounts with HSBC or its affiliates that you have

linked to Personal Internet Banking.

When you use any of the Personal Internet Banking services described in this Agreement, or authorize others

to use them, you agree to the terms and conditions of the entire Agreement. Your use of online banking

services may also be affected by the agreements between us for your linked HSBC accounts. You should

review those agreements for any applicable fees, for limitations on the number of transactions you can make,

and for other restrictions that might impact your use of an account with online banking services. In addition,

your use of online banking services is affected by our Website Terms and Conditions, which terms are

incorporated here by reference and made a part of this Agreement.

2. Personal Internet Banking Services

To access all of the features and services offered by Personal Internet Banking, sign in directly through our

website at www.us.hsbc.com from a personal computer. Please refer to this Agreement, related agreements for

online services and your applicable account agreements and/or fee schedules for information on fees for online

services. Certain types of transactions within Personal Internet Banking may require additional authentication

using an HSBC Security Device. Some online banking services may not be available for certain accounts,

customers, or through Mobile Banking.

A. Bill Payment Services

If you are an HSBC customer with an eligible checking account, you may use the bill payment service

(“Bill Payment”) to make one-time or recurring payments online from your linked checking account(s) to

companies or individuals (“Payees”) you select. Payments can be entered up to a year in advance.

Bill Payment is limited to Payees with United States addresses. In utilizing Bill Payment, you authorize us

to make payments to the Payee in the manner we select, either electronically or by check. Our payment

system selects the most appropriate method. If we are unsuccessful, or if we determine that the Payee

cannot process payments in a timely manner, we may decline future payments to the Payee. In the

unlikely event that this occurs, we will promptly send you a notice. Any obligations that you wish to pay

through Bill Payment must be payable in U.S. dollars to a Payee located in the United States. We reserve

the right to restrict categories of Payees to whom payments may be made using the service.

Scheduling Bill Payments: The scheduled delivery date is the date you enter for the payment to be

delivered to the Payee. The system will display to you the earliest possible delivery date, which may not be

the same day. The payment amount will be debited from or charged to the account that you designate prior

to the scheduled delivery date. If the scheduled delivery date is a weekend or non-Business Day, then the

delivery date will be the next Business Day. If we are unable to complete the payment because of insufficient

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funds in your account or some other reason, we will send you a secure Message through online banking. We

will also notify you if your account is no longer in good standing and your eligibility for Personal Internet

Banking services has been terminated.

Canceling Bill Payments: If the Bill Payment is a recurring payment set up on the Bill Pay service, then

you can cancel that Bill Payment: (1) Through the use of Personal Internet Banking, as long as the request is

received before the Bill Payment Process Date of the next recurring Bill Payment; (2) By calling us at 1-800-

975-4722; or (3) By writing to: HSBC Bank USA, National Association, P.O. Box 9, Buffalo, NY 14240. We

must receive your call or written request at least three (3) Business Days before the Bill Payment Process

Date of the next recurring Bill Payment. If you call, we will require you to put your request in writing and get it

to us within 14 calendar days after you have made the request. Once a recurring bill payment is cancelled, all

future payments to that payee will be cancelled and you must reschedule it if you want a Bill Payment to be

made in the future.

B. Transfers

Transfers can be made in two ways, on a one-time or recurring basis. One-time transfers may be immediate

or scheduled for a future date. Recurring transfers may be set up when a fixed amount is transferred at

regular intervals, for example, a $100 transfer from a checking to a savings account which occurs every two

weeks. Transfers to/from HSI accounts are not eligible for recurring transfer service.

Transfers will be processed per the processing and funds availability information found here:

www.us.hsbc.com/online-banking/move-money/

Transfer processing and funds availability information is also available at the time of the transaction.

C. Limitations for Bill Payment and Transfers

Transfers and Payments made through Personal Internet Banking are subject to the Rules for Consumer

Deposit Accounts governing such account, including any applicable Transfer Limits. Any obligation that

you wish to pay with Bill Payment must be payable in U.S. dollars to a Payee located in the United States.

We reserve the right to restrict categories of Payees to whom payments may be made using the service. We

will not be liable if you use Bill Payment or Transfers for one of these prohibited categories and the payment

does not go through or does not arrive on time. You should not use the service to make:

• Tax payments

• Court-ordered payments

• Payments to settle securities transactions

D. Transfer/ Payment Authorization and Sufficient Available Funds

You authorize HSBC to withdraw, debit or charge the necessary funds from your designated account in

order to complete all of your designated transfers and payments. You agree that you will instruct us to

make a transfer or payment only when there is enough money (available balance) in your account(s) to

cover the transaction at the time of the transfer or payment. Any transfers or payments you request that

exceed the available balance in your account(s) will be treated in accordance with the Rules for Consumer

Deposit Accounts, and any other applicable agreements. At our option, we may make a further attempt to

issue the payment or process the transfer request.

HSBC is under no obligation to inform you if it does not complete a transfer or payment because your

available balance does not have enough funds to process the transfer or payment. In this case, you are

responsible for making alternate arrangements or rescheduling the transfer or payment within Personal

Internet Banking or Mobile Banking. In the event your account does not have sufficient available balance on a

future transfer or payment, a secure Message through online banking will be sent to you.

E. Our Liability for Failure to Cancel or Stop a Transfer or Bill Payment

If you attempt to cancel a payment in accordance with this Agreement and we do not do so, we will be

liable for any of your losses or damages. Limitations may apply when transferring between HSBC Bank

USA, N.A and its affiliates.

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3. Other Terms and Conditions

A. Charges and Fees

Except as otherwise provided in your applicable account agreements and schedule of fees, there is no

monthly service charge for accessing your linked accounts online. Depending on how you access Personal

Internet Banking, you may incur charges for Internet service provider fees and/or wireless carrier fees.

B. Service Hours

Personal Internet Banking services are available 365 days a year and 24 hours a day, except during system

maintenance and upgrades. When this occurs, a message will be displayed online when you sign on to

Personal Internet Banking. Please visit the HSBC Contact Us page for complete contact information and

hours.

C. Business Days

For Personal Internet Banking services, our business days are Monday through Friday, excluding Federal

holidays, and, for investment accounts only, stock exchange closures and holidays (such as Good Friday).

D. Cancelling Your Personal Internet Banking

Personal Internet Banking will remain in effect until it is terminated by you or HSBC. You may cancel

Personal Internet Banking at any time by notifying us of your intent to cancel in writing, through online

banking secure Messages, or by other written correspondence. This cancellation applies to your Personal

Internet Banking profile only, and does not terminate or close your HSBC accounts. All HSBC online-only

accounts require that you access the accounts online and, accordingly, such accounts must be closed if you

want to remove online access. We may terminate your participation in Personal Internet Banking for any

reason, including inactivity, or no reason, at any time. We will try to notify you in advance, but we are not

obliged to do so. Your online banking services will also end if you close all accounts linked to your Personal

Banking profile.If you choose to cancel Personal Internet Banking, any unprocessed payments will be

cancelled. We recommend that you cancel any scheduled payments prior to notifying us that you are

discontinuing Personal Internet Banking. HSBC will cancel any scheduled payments within two bank business

days from the date we receive your request to discontinue Personal Internet Banking

E. Joint Accounts

If a joint account is linked to the service, we may act on the verbal, written or electronic instructions of any

account owner. For more information regarding access of joint accounts online, please see Section 4 of this

Agreement.

F. Changes to Agreement

We may change this Agreement at any time. We will notify you of such changes by mail, secure

Messages through online banking or notice in an HSBC Wealth Center. Any change will be effective

when sent or posted. If you initiate any transfer of funds or bill payment through online banking after the

effective date of a change, you indicate your agreement to the change.

We will send you notice at least 30 days before the effective date of the change if the change results in

(1) increased or new account-related fees or charges, (2) increased liability for you, (3) fewer types of

electronic funds transfers, or (4) stricter limitations on the frequency or dollar amounts of transfers, unless

the change must be made immediately for security reasons.

G. Use of External Email Address

You are required to provide us with a valid, current email address. If your email address changes at any

time, you must promptly update your email address with us. We may send messages to your external

email address to notify you about changes in terms, privacy notices, or that responses to your payment

inquiries or customer service inquiries are available in online banking. We cannot act on instructions sent

by you from an external email address. You should use the Chat function through online banking to send

instructions to HSBC.

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H. Disclosure of Account Information

We may disclose information about you or your transactions for our everyday business purposes, such as to

process your transactions, maintain your account(s), respond to court orders and legal investigations, or report

to credit bureaus. For more information about our privacy and security practices and a link to our Privacy Notice

go to our website at www.us.hsbc.com/online-privacy-statement. No HSBC or Payee employee, nor any

company affiliated with HSBC, will contact you through email or phone requesting your log on credentials. If

you are contacted by anyone requesting this information, please contact us immediately.

I. Account Statements and Documents

Enrollment in Paperless Account Statements and Documents: As part of Personal Internet Banking

enrollment, all Personal Internet Banking customers must consent to the Electronic Communications

Disclosure. The Electronic Communications Disclosure allows us to provide this Agreement and certain

communications electronically. In addition, the Electronic Communications Disclosure provides important

information about electronic delivery for account statements and documents. For more details, please review

the Electronic Communications Disclosure by visiting Electronic Communications Disclosure.

As new document types are sent electronically for your eligible accounts, you will automatically receive those

new document types electronically instead of by mail without needing to make an additional change in your

communication preferences in online banking. At times, we may, in our sole discretion, mail you a paper copy of

certain statements and documents even if you have chosen electronic delivery. When a statement or document

is delivered electronically, we send an email to alert you that it is available for viewing through online banking in

Personal Internet Banking. You must have a valid email address to receive these alerts. Electronic statements

and documents are generally provided in PDF format. In order to view, print or save copies of your account

statements and documents, you will need to ensure that the computer or device you are using meets the

hardware and software requirements specified by the Electronic Communications Disclosure.

Managing your Electronic Delivery Settings: You can switch certain electronic account statements

and documents back to paper mail delivery at any time within Personal Internet Banking, except for

online-only accounts. Your HSBC online-only accounts require electronic delivery of statements and

documents. It may take up to two statement cycles for your revised delivery settings to take effect.

Setting your electronic delivery preferences may not be available for all accounts, products, services or

documents. We may, in our sole discretion, add to, modify or delete any of the features we provide within

our electronic statements and documents service, except for online-only accounts.

J. Business Accounts on Personal Internet Banking

Personal Internet Banking is a service primarily intended for consumer accounts. You shall at all times

indemnify, defend and hold HSBC harmless from and against all actions, proceedings, claims or loss, damage,

costs and expenses which may be brought against HSBC or incurred by HSBC and which shall have arisen in

connection with the instructions transmitted by online banking relating to your business accounts. You

acknowledge that HSBC offers HSBCnet for business accounts. HSBCnet provides additional security features.

HSBCnet provides built-in security features permitting you to establish transfer and account access limitations

that are not available on Personal Internet Banking.

K. Limitation of Liability for Online Banking Transactions

Except as specifically provided in this HSBC Personal Internet Banking Terms and Conditions or where

applicable law requires a different result, NEITHER WE NOR OUR SERVICE PROVIDERS OR OTHER

AGENTS WILL BE LIABLE FOR ANY LOSS OR LIABILITY RESULTING IN WHOLE OR IN PART FROM

ANY ACT OR FAILURE TO ACT OF YOUR EQUIPMENT OR SOFTWARE, OR THAT OF AN INTERNET

BROWSER PROVIDER, OR BY AN INTERNET ACCESS PROVIDER, BY AN ONLINE SERVICE

PROVIDER OR BY AN AGENT OR SUBCONTRACTOR FOR ANY OF THEM, NOR WILL WE OR OUR

SERVICE PROVIDERS OR OTHER AGENTS BE RESPONSIBLE FOR ANY DIRECT, INDIRECT,

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SPECIAL, OR CONSEQUENTIAL ECONOMIC OR OTHER DAMAGES ARISING IN ANY WAY OUT OF

YOUR ACCESS TO OR USE OF, OR FAILURE TO OBTAIN ACCESS TO ONLINE BANKING SERVICES,

INCLUDING ANY SERVICE PROVIDER THEREIN.

L. Our Liability for Failure to Complete Transactions

If we do not complete a transaction to or from your account on time, or in the correct amount, according

to our Agreement with you, we will be liable for your losses or damages. However, there are some

exceptions. For instance, we will not be liable:

A. If, through no fault of ours, you don’t have enough available funds in your account to cover

the transaction or transfer.

B. If online banking services weren’t working properly, and you knew about

the malfunction when you started the transaction or transfer.

C. If circumstances beyond our control (such as fire or flood) prevented the transaction or

transfer, despite reasonable precautions we’ve taken.

D. If you have not given us complete, correct and current instructions so that we can make a

transfer or bill payment.

E. There may be other exceptions not specifically mentioned.

4. Log On Credentials

Your log on credentials are used to identify you when accessing Personal Internet Banking. They act as

your signature. For information regarding creating a strong password, please visit

www.us.hsbc.com/help/security/protect-you/#internet. You can change your log on credentials at any

time. For your protection, you should memorize your log on credentials and not keep any notation of

them on or with your computer. Log on credentials assure that only you can access Personal Internet

Banking. You agree not to give your log on credentials to anyone. If you give your log on credentials to a

person or entity, application or otherwise, you will be responsible for any money withdrawn or

transferred from your accounts using such log on credentials.

If any of your accounts are joint accounts, each owner is entitled to and should have their own log on

credentials to access online banking. The sharing of credentials is not recommended and could potentially

place your information at risk. To register, joint holders should call the Customer Relationship Center at 1-800-

975-4722 or sign up for Personal Internet Banking by visiting us.hsbc.com and selecting “Register” in the top

right hand corner to create individual log on credentials. You understand and agree that, to the extent

permitted under applicable law, each owner of an account is jointly and individually responsible for all Personal

Internet Banking transactions that affect the account, including the initiation of HSBC Securities (USA) Inc.

investment account transactions using Personal Internet Banking.

5. Wire Transfers

The Wire Transfer service is governed by the Funds Transfer provisions of the Rules for Consumer Deposit

Accounts governing such account.

6. HSBC Mobile Banking

Use of the HSBC Mobile Banking App is subject to additional terms contained in the HSBC Mobile Banking

Terms and Conditions.

7. Electronic Funds Transfer

The provisions in this section apply only to electronic funds transfers that debit or credit a consumer’s

checking, savings or other asset account and are subject to the Bureau of Consumer Financial

Protection’s Regulation E (“EFT”). HSBC may rely on any exceptions to the provisions in this section that

are contained in Regulation E. All terms not otherwise defined in this Agreement which are defined in

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Regulation E will have the same meanings when used in this section as they do in Regulation E. HSBC’s

Electronic Banking Services Information Statement is incorporated herein by reference.

A. Liability for Use

You are responsible for any EFT transaction you make with your log on credentials. You are also

responsible for any EFT transaction made by someone else to whom you have given your log on

credentials until you notify us that the person no longer has your permission to use them.

Tell us AT ONCE if you believe your log on credentials have been lost or stolen, or if you believe that

an electronic fund transfer has been made without your permission using information from your check

or other information about your account. Calling is the best way of keeping your possible losses down.

You could lose all the money in your account (plus your maximum overdraft line of credit). Also, if your

monthly statement shows EFT transactions made with your log on credentials that you did not make (or

give someone permission to make for you), tell us AT ONCE. If you do not tell us within 60 days after

the statement was mailed to you, you may not get back any money lost after the 60 days, if we can

prove we could have stopped someone from taking the money if you had told us in time. If a good

reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.

B. Where to Call or Write

If you believe your log on credentials have been lost or stolen or that someone has or may use them to

withdraw money from your deposit account without your permission, contact us immediately. Please visit the

HSBC Contact Us page for complete contact information and hours.

C. Error Resolution Notice

In case of errors or questions about your electronic transactions, please refer to the HSBC Electronic

Banking Services Information Statement.

8. Bank to Bank Transfers Service

Bank to Bank Transfers (“Service”) offered by HSBC and service provider allows you to transfer funds

to or from your HSBC accounts and any other account held by you at another U.S. financial institution

– referred to in these terms as “Accounts” – assuming, of course, that the transfer is permitted by

your financial institution and by law. Bank to Bank Transfers can only be completed between accounts

that are owned by the same account holder. In order to use Bank to Bank Transfers, you have to be a

Personal Internet Banking customer of HSBC. Details of applicable limits can be found on the Bank to

Bank Transfers section of the HSBC website.

A. Acceptance of Bank to Bank Transfers Terms

These terms apply when you use Bank to Bank Transfers. HSBC reserves the right to change the

Terms under which the Service is offered in its sole discretion at any time; however, HSBC will notify

you of any material change to the Terms. In most cases, you will receive the notice online the next time

you log in; however, HSBC reserves the right to notify you by email or by conventional mail, at its

discretion. You agree that if you continue to use the Service after we notify you of any change, you

thereby accept the changes to the Terms and agree to be bound by this Agreement, as amended. If you

do not accept and agree to the changes to the Terms, you will not be entitled to use the Service. You

can review, download and print the most current version of this Agreement at any time by clicking on

the Terms and Conditions link within the footer of the Personal Internet Banking website and then

clicking “Personal Internet Banking” in the “Other Terms & Conditions” section of the right hand menu. If

you do not agree to the changes, or if at any time you wish to discontinue your use of the Service, you

can unsubscribe by sending a secure Message from online banking or calling our Customer

Relationship Center at 1-800975-4722. Representatives are available Monday - Sunday 7:00am -

9:00pm ET and will be happy to help.

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B. Information Authorization

HSBC and our service provider reserve the right to obtain such additional information as we deem

reasonably necessary to ensure that you are not using our Service in violation of law, including, but not

limited to, laws and regulations designed to prevent money laundering or the transfer of funds to

accounts that are blocked under regulations of the Office of Foreign Assets Control (OFAC) of the United

States Treasury Department.

Once you are approved for Bank to Bank Transfers, we may verify the Accounts that you add to the

Service from time to time. You authorize us to validate the Accounts through the use of a test transfer, in

which one or more low value payments will be both credited to and debited from the Account. The test

credit will always occur before the test debit and will always be of the same or lesser amount, so that the

balance in any of your Accounts will never be less than the actual balance.

Once the test transfer is complete, we may ask you to access your Account to tell us the amount of the

test credit or debit or any additional information reported by your bank with this test transfer. We may

also verify Accounts by requiring the entry of information you ordinarily use to access the Account

provider’s website, or by requiring you to submit proof of ownership of the Account.

C. User Content

Subject to HSBC’s Privacy Policy, you agree that HSBC may use, copy, modify, display and

distribute any information, data, materials or other content (“Content”) you provide to HSBC for the

purpose of providing the Service, and you hereby give HSBC a license to do so. By submitting

Content, you represent that you have the right to license such Content to HSBC for the purposes

set forth in this Agreement.

D. Accounts

You understand that in order to complete Bank to Bank Transfers, it is necessary for HSBC and our

service provider to access the websites and databases of your bank and other institutions where you hold

Accounts, as designated by you and on your behalf, to retrieve information and effect the fund transfers

you request. By using the Service, you represent and warrant to us that you have the right to authorize and

permit us to access your Accounts to effect such funds transfers or for any other purpose authorized by

this Agreement, and you assure us that by disclosing and authorizing us to use such information you are

not violating any third party rights. You warrant and represent that the information you are providing us with

is true, current, correct and complete. You hereby authorize and permit HSBC and our service provider to

use information submitted by you to accomplish these purposes and to configure the Service to be

compatible with the Accounts.

For as long as you are using the Service, you give to HSBC and our service provider a limited power of

attorney and appoint HSBC and our service provider as your true and lawful attorney-in-fact and agent, with

full power of substitution and re-substitution, for you and in your name, place and stead, in any and all

capacities, to access the Accounts, effect funds transfers as described above, with full power and authority

to do and perform each and every act and thing requisite and necessary to be done in connection with

effecting funds transfers, including verifying the content and authenticity of any funds transfer instruction for

the purposes of security procedures applicable to Accounts, as fully to all intents and purposes as you might

or could in person. Once HSBC and/or our service provider has actual knowledge that you wish to cease

using the Bank to Bank Transfers service as provided in this Agreement or as otherwise permitted in this

Agreement and has a reasonable opportunity to act on such knowledge, this limited power of attorney is

automatically revoked; provided, however, that any act done by HSBC and/or our service provider in good

faith before it has actual knowledge of termination by you and has a reasonable opportunity to act on such

knowledge shall be deemed to be authorized by you.

You understand and agree that at all times your relationship with each Account provider is independent

of HSBC and your use of the Bank to Bank Transfers. HSBC will not be responsible for any acts or

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omissions by the financial institution or other provider of any Account, including without limitation any

modification, interruption or discontinuance of any Account by such provider.

YOU ACKNOWLEDGE AND AGREE THAT WHEN HSBC AND OUR SERVICE PROVIDER IS EFFECTING A

BANK TO BANK TRANSFER FROM OR TO ANY OF YOUR ACCOUNTS, HSBC AND OUR SERVICE

PROVIDER IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OR ON BEHALF OF ANY THIRD

PARTY. You agree that HSBC, its affiliates, service providers and partners shall be entitled to rely on the foregoing

authorization, agency and power of attorney granted by you.

YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY COSTS, FEES, LOSSES OR DAMAGES OF ANY

KIND INCURRED AS A RESULT OF (1) OUR ACCESS TO THE ACCOUNTS; (2) OUR DEBIT AND/OR CREDIT

OR INABILITY TO DEBIT AND/OR CREDIT THE ACCOUNTS IN ACCORDANCE WITH YOUR BANK TO BANK

TRANSFERS INSTRUCTIONS; (3) ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION

CONTAINED IN THE INFORMATION RETRIEVED FROM THE ACCOUNTS; (4) ANY CHARGES IMPOSED BY

ANY PROVIDER OF ACCOUNTS AND; (5) ANY FUNDS TRANSFER LIMITATIONS SET BY THE FINANCIAL

INSTITUTIONS OR OTHER PROVIDERS OF THE ACCOUNTS.

Not all types of accounts are eligible for the Bank to Bank Transfers service. Bank to Bank Transfers allows

personal accounts in your name to be added to your profile. Business accounts are not eligible to be used

with the Bank to Bank Transfers service. Be sure to check with your financial institution for restrictions

regarding transfers among your retirement (401k, etc.), savings, trusts, loans, custodial, and other account

types. We are not responsible for any costs or losses incurred from Bank to Bank Transfers that are not

permitted under such restrictions by the provider of your Account or those imposed by applicable law.

E. Electronic Communications

1. General Consent; Categories of Records

Bank to Bank Transfers is an electronic, Internet-based service. Therefore, you understand and agree that

this Agreement will be entered into electronically, and that the following categories of information

(“Communications”) may be provided by electronic means.

• This Agreement and any amendments, modifications or supplements to it.

• Your records of Bank to Bank Transfers and other transactions through the Service, including without

limitation confirmations of individual transactions.

• Any initial, periodic or other disclosures or notices provided in connection with the Service, including

without limitation those required by federal or state law.

• Any customer service communications, including without limitation communications with respect to

claims of error or unauthorized use of the Service.

• Any other communication related to the Service.

Although HSBC reserves the right to provide Communications in paper format at any time, you agree that

we are under no obligation to do so. All Communications in either electronic or paper format will be

considered to be “in writing.” You should print a paper copy of this Agreement and any electronic

Communication that is important to you and retain the copy for your records. If you do not agree to receive

this Agreement or the Communications electronically, you may not use the Service.

2. How to Withdraw Consent

If you have registered for the Service and you wish to withdraw your consent to have Communications

provided in electronic form, you must cancel any pending transfer requests (within the time period

permitted by the Service cancellation policies) and stop using the Service.

3. How to Update Your Records?

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You agree to promptly update your registration records if your email address or other information

changes. You may update your records, such as your email address, by using the “Communication

preferences “section in Personal Internet Banking.

4. Delivery of Electronic Communications

Communications may be posted on the pages of the Service website or other website disclosed to you

and/or delivered to the email address you provide. Any electronic Communication sent by email will be

deemed to have been received by you when HSBC sends it to you, whether or not you received the

email. If the Communication is posted on the Service, then it will be deemed to have been received by

you no later than five business days after HSBC posts the Communication on the pages of the

Service, whether or not you retrieve the Communication. An electronic Communication by email is

considered to be sent at the time that it is directed by HSBC’s email server to the appropr iate email

address. An electronic Communication made by posting to the pages of the Service is considered to

be sent at the time it is publicly available. You agree that these are reasonable procedures for sending

and receiving electronic Communications.

5. Email Requirements

In order to access and retain Communications, you must have:

• An email account and email software capable of reading your email.

F. Privacy Policy and Confidentiality

In order to provide Bank to Bank Transfers, we must obtain from your certain personal information about

you, your Accounts, and your transactions (referred to herein as “User Information”). You represent that

you have the right to provide such User Information and that you give us the right to use the User

Information.

You can see a full description of our privacy policy by clicking on “Privacy” located in the footer of the

Personal Internet Banking website.

G. Business Days

The Service will process requests for transfers on business days. The business days for Bank to Bank

Transfers are Monday through Friday. Federal Reserve Bank Holidays are not included.

H. Transfer Types and Limitations

1. Types of Transfers

You may use this service to transfer funds to or from an HSBC account and another personal account in your

name at another U.S. financial institution or an approved service provider investment account, through the

Internet. Transactions may be scheduled to occur one time, for a future date, or recurring.

Some of these services may not be available at all times. We may from time to time make available

additional or new features to the Service, including but not limited to, a next day service and a higher limit

service. You will be approved or declined for any such additional service at our sole discretion and

additional terms and conditions may apply. Please ensure that you have sufficient funds to effect any Bank

to Bank Transfers from your Accounts. We may at any time decline to effect any Bank to Bank Transfer that

we believe may violate applicable law.

2. Dollar Amount of Transfers

You may not make Bank to Bank Transfers in excess of limits described on the Service. We reserve the right

to change from time to time the dollar amount of the Bank to Bank Transfers you are permitted to make

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using our Service. Without limiting the foregoing, in the event that your use of the Service has been

suspended and reinstated as provided herein (see “Suspension and Reinstatement of Bank to Bank

Transfers” below), you understand and agree that your use of the Service thereafter may be subject to

lower dollar amount limitations than would otherwise be permitted by us.

3. Transfers Subject to the Rules of the Accounts

Additionally, all Bank to Bank Transfers are also subject to the rules and regulations governing the relevant

Accounts. You agree not to effect any Bank to Bank Transfers from or to an Account that are not allowed

under the rules or regulations applicable to such accounts including, without limitation, rules or regulations

designed to prevent the transfer of funds in violation of OFAC regulations.

I. Rejection of Transfers

We reserve the right to decline to effect any Bank to Bank Transfer, to submit Bank to Bank Transfer

instructions or orders or to carry out change or cancellation requests.

J. Authorization

You authorize us to select any means to execute your Bank to Bank Transfer instructions. You understand

that to affect your Bank to Bank Transfer instruction we utilize the Automated Clearing House (ACH),

using applicable ACH Rules, we debit one of your Accounts and credit another of your Accounts. Once

your Account has been debited, we credit our service provider’s transfer account at the service provider’s

clearing bank. After our service provider and/or its clearing bank are reasonably certain that the debit will

not be returned (in most cases this is usually between 3-4 business days), our service provider will credit

your Account. The sole purpose for our service provider’s transfer account is to complete your Bank to

Bank Transfer requests and for performing the services within the scope of this Agreement. The service

provider earns no interest on the funds in the transfer account. If the debit side fails or is returned for any

reason and the credit side has been released and cannot be collected, you authorize our service provider

to collect from the Account to which the credit side of the funds transfer was sent. We reserve the right to

resubmit a debit, or a portion of the debit, in the event of an insufficient or uncollected funds return and if

we cannot collect the amount credited. To effect this collection, you understand and authorize us to debit

the credited Account or the debited Account in either the same dollar amount as the original funds transfer

or a portion of the debit. There may be a fee associated with such collection imposed by the financial

institution holding the Account.

You understand and agree that we may from time to time impose additional charges in connection with

your Bank to Bank Transfers transactions. HSBC will notify you of such fee in advance of the

transaction and according to applicable rules and regulations. If you choose to proceed with the

transaction, you authorize HSBC to debit your account in the amount indicated.

In the event that a debit to any of your Accounts, or any portion of any such debit, has failed and the

credit side of such transaction has been released and cannot be collected, and we are unable to debit

either the debited or the credited Account as set forth above, we reserve the right, and you hereby

authorize us, to debit any of your other Accounts to the extent necessary to offset any resulting

deficiency. We do not undertake to notify you in such event, other than by posting any such transfer or

transfers to the applicable Account in accordance with this Agreement.

You understand and agree that in the event we are unable to execute your Bank to Bank Transfers

request utilizing the ACH, we may utilize other established payment mechanisms in order to complete

your funds transfer instructions, such as wire transfer or check.

K. Suspension and Reinstatement of Bank to Bank Transfers

In the event that we at any time incur a problem with your use of the Service, including without limitation a

failure in attempting to debit any of your Accounts or to collect with respect to any of your Bank to Bank

Transfers as described above, and without limiting any other right or remedy that we may have under this

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Agreement or otherwise, we reserve the right to suspend your right to use the Service, immediately and

without prior notice to you. You understand and agree that such action is reasonable for us to take in

order to protect itself from loss. In the event of such suspension, you may request reinstatement of your

service by contacting us using any of the methods provided for under this Agreement (see “Error

Reporting and Claims,” below). We reserve the right in our sole discretion to grant or deny reinstatement

of your use of the Service. In the event we agree to reinstate you, we reserve the right to, and ordinarily

will, initially reinstate your Service subject to lower per-transaction and monthly dollar limits and/or with

other restrictions than otherwise might be available to you. Based upon your subsequent usage of the

Service, HSBC in its sole discretion may thereafter restore your ability to effect transfers subject to such

higher limits as may then be in effect (see “Dollar Amount of Transfers,” above).

L. Documentation

You may access a statement of all Bank to Bank Transfers effected or pending at any time by clicking

on the ‘History’ tab located within the Bank to Bank Transfers service. If a Bank to Bank Transfer could

not be completed, HSBC and/or our service provider, upon learning that the Bank to Bank Transfer has

failed, will make a reasonable effort to complete the transfer. If the Bank to Bank Transfer fails a second

time, we will notify you to contact your financial institution or other provider of the relevant Account to

learn more about the failure.

M. Your Responsibility for Errors

You understand that we must rely on the information provided by you and you authorize us to act on any

instruction which has been or reasonably appears to have been sent by you, to submit Bank to Bank

Transfer instructions on your behalf. You understand that financial institutions receiving the Bank to Bank

Transfer instructions may rely on such information. We are not obliged to take any further steps to

confirm or authenticate such instructions and will act on them without getting further confirmation. You

understand that if you provide us with incorrect information or if there is any error in your instruction we

will make all reasonable efforts to reverse or delete such instructions, but you accept full responsibility for

losses resulting from any of your errors, duplication, ambiguities or fraud in the information that you

provide. You agree not to impersonate any person or use a name that you are not authorized to use. If

any information you provide is untrue, inaccurate, not current or incomplete, without limiting other

remedies, HSBC reserves the right to recover from you any costs or losses incurred as a direct or

indirect result of the inaccurate or incomplete information.

N. Error Reporting and Claims

For Error Resolution procedures concerning your personal HSBC accounts, you may refer to the

Personal Internet Banking Terms and Conditions at any time by clicking on “Terms & Conditions” in the

footer of the Personal Internet Banking website, and then clicking “Personal Internet Banking” in the

“Other Terms & Conditions” section of the menu on the right. We are not responsible for errors, delays

and other problems caused by or resulting from the action or inaction of financial institutions holding the

Account. Although we will try to assist you in resolving any such problems, you understand that any

such errors, delays or other problems are the responsibility of the relevant financial institution. Any

rights you may have against a financial institution for such errors, delays or other problems are subject

to the terms of the agreements you have with such financial institution, including any time limits during

which complaints must be made.

O. Proprietary Rights

You acknowledge and agree that HSBC and/or our service provider own all rights in and to the Bank to

Bank Transfers. You are permitted to use the Service only as expressly authorized by this Agreement.

You may not copy, reproduce, distribute, or create derivative works, reverse engineer or reverse compile

HSBC and/or our service provider’s Bank to Bank Transfers or any of HSBC’s and/or our service

provider’s services or technology.

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P. No Unlawful or Prohibited Use

As a condition of using the Service, you warrant to us that you will not use the Service for any purpose

that is unlawful or is not permitted, expressly or implicitly, by the terms of this Agreement or by any

applicable law or regulation. You further warrant and represent that you will not use the Service in any

manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s

use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information

through any means not intentionally made available or provided for through the Service. You agree that

these warranties and representations will remain in full force and effect even if this Agreement

terminates for any reason.

Q. Service Changes and Discontinuation

We may modify or discontinue the Service or your use of some or all accounts within the service, with or

without notice, without liability to you, any other user or any third party. We reserve the right, subject to

applicable law, to terminate your account within the Service and your right to use the Service at any time

and for any reason, including without limitation if we, in our sole judgment, believe you have engaged in

conduct or activities that violate any of the Terms or the rights of HSBC and/or our service provider, or if

you provide us with false or misleading information or interfere with other users or the administration of

the Services. We reserve the right to charge a fee for the use of the Service and any additional services

or features that we may introduce. You understand and agree that you are responsible for paying all fees

associated with the use of our Bank to Bank Transfers.

You can terminate your Bank to Bank Transfer service with HSBC at any time by sending a secure Message

from online banking or calling our Customer Relationship Center at 800.975.HSBC (4722). Representatives

are available Monday - Sunday 7:00am - 9:00pm ET and will be happy to help.

R. Service Charges

There are no transaction fees when you transfer funds through the Bank to Bank Transfer service.

S. Security Procedures

You understand that the financial institution at which an Account is maintained may contact us to verify the

content and authority of Bank to Bank Transfer instructions and any changes to those instructions. You

understand that, as your agent, we may provide to such financial institution such information as may be

required to verify the instructions and may constitute a valid security procedure under the rules governing

such Account.

T. Deviating from Security Procedures

You agree to allow us to authorize any financial institution at which you have an Account to accept funds

and transfer instructions in accordance with any authorization procedures as may be agreed from time to

time between you and such financial institution, or between us, on your behalf, and such financial

institution, without verifying the instructions under the established security procedures, regardless of

whether such security procedures were agreed by you directly or by us on your behalf. In addition, you

agree that we may authorize such financial institutions to charge and debit your accounts based solely on

these communications.

U. Account Number Policy

If Bank to Bank Transfer instructions identify a bank or beneficiary by name and account number, the relevant

financial institution may execute those instructions by reference to the number only, even if the number does

not correspond to the name. You understand that such financial institutions may not investigate discrepancies

between names and numbers. In addition, you agree that we have no responsibility to investigate

discrepancies between names and numbers.

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V. Joint Account Holder

By using Bank to Bank Transfers, you confirm that, if any of your Accounts is a joint account, your joint

account holder has consented for you to use your Accounts for the Service. We will end your use of the

Service if any joint account holder notifies us that (i) they never consented to your use of our Bank to Bank

Transfers service, (ii) the joint account can no longer be operated on your instructions alone, or (iii) they

are withdrawing consent for you to operate the joint account.

W. Means of Transfer

You authorize us to select any means we deem suitable to provide your Bank to Bank Transfer instructions to

the applicable financial institution. These choices include banking channels, electronic networks, and funds

transfer systems. You agree to be bound by the rules and regulations that govern the applicable funds transfer

systems, such as automated clearinghouse (ACH) as published by the National Automated Clearinghouse

Association (NACHA). We shall make all reasonable efforts to ensure that your transfer requests are

processed on time; however, we reserve the right to hold funds beyond the normal period and if any interest is

earned will be the property of HSBC.

X. Our Liability

If we do not provide a funds transfer instruction on time, if we cause an incorrect amount to be removed from

an Account or if we cause funds from an Account to be transferred to any account other than the Account

specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly

transferred funds and/or for directing any misdirected funds to the proper Account. HSBC is not responsible

or liable if your financial institution’s system fails and we are unable to complete the transfer. Except as

otherwise required by law, HSBC shall in no other event be liable for any losses and damages other than

those arising from gross negligence or willful misconduct on our part or if we breach a representation or

warranty of HSBC hereunder.

You agree that your transfer instructions constitute authorization for us to complete the transfer. You

represent and warrant to us that you have enough money in the applicable Accounts to make any Bank to

Bank Transfer you request that we make on your behalf through the Service. You understand and agree

that we are not liable under any circumstances for any losses or damages if, through no fault of ours, you

do not have enough money to make the Bank to Bank Transfer and the Bank to Bank Transfer is not

completed or is later reversed or if your financial institution does not permit the transfer or the Bank to

Bank Transfer would exceed the credit limit on any applicable overdraft line.

You also understand and agree that we are not responsible for any losses or damages if circumstances

beyond our control (such as fire or flood) prevent us from making a Bank to Bank Transfer or if the

HSBC website was not working properly and you knew about the breakdown when you started the Bank

to Bank Transfer.

Y. Your Right to Cancel a Bank to Bank Transfer

You can cancel or stop a single Bank to Bank Transfer any time before the debit transaction is sent to

the Federal Reserve Bank through the Bank to Bank Transfers service in Personal Internet Banking.

If the transfer is a recurring transfer set up on the Bank to Bank Transfers service, then you can

cancel that Transfer through the use of Bank to Bank Transfers in Personal Internet Banking as long

as the request is received before the Process Date of the next recurring transfer. Once a recurring

transfer is cancelled, all future transfers will be cancelled and you must reschedule it if you want

transfers to be made in the future.

Z. Limitation of Warranty and Liability

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YOU UNDERSTAND AND AGREE THAT OUR BANK TO BANK TRANSFERS SERVICE IS PROVIDED “AS-

IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE

ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO

STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND

EXPRESSLY AGREE THAT USE OF THE BANK TO BANK TRANSFERS SERVICE IS AT YOUR SOLE

RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH

THE USE OF THE BANK TO BANK TRANSFERS SERVICE IS DOWNLOADED OR OBTAINED AT YOUR

OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES,

INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT

RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA.

EXCEPT AS EXPRESSLY SET FORTH ON THE HSBC WEBSITE OR IN THIS AGREEMENT, WE

DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION

ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-

INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND WE MAKE NO

WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE

USE OF THE BANK TO BANK TRANSFERS SERVICE, THE ACCURACY OR RELIABILITY OF ANY

INFORMATION OBTAINED THROUGH THE BANK TO BANK TRANSFERS SERVICE, THE ACCURACY

OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE BANK TO BANK

TRANSFERS SERVICE WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY,

SECURE OR ERROR FREE.

EXCEPT AS DESCRIBED IN THIS AGREEMENT, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,

INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE

USE OF OR THE INABILITY TO USE THE BANK TO BANK TRANSFERS SERVICE, ANY INACCURACY OF

ANY INFORMATION OR AMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF

SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE BANK TO

BANK TRANSFERS SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A

USER’S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS

AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR

OTHER INTANGIBLES, EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

AA. Indemnification

You agree to indemnify, defend and hold harmless HSBC, its service provider, its affiliates, partners,

officers, directors, employees, consultants, service providers and agents from any and all third party

claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) arising from your

use of the Bank to Bank Transfers service, our reliance on the information, instruction, license and/or

authorization provided by you under or pursuant to this Agreement, your violation of the Terms or

your infringement, or infringement by any other user of your Accounts, of any intellectual property or

other right of any person or entity.

BB. Miscellaneous

You understand and agree that our service provider is not a bank, a broker-dealer firm, or any other kind

of financial institution. You represent and warrant that you are who you claim to be; that you are the

rightful owner of all Content and the Accounts linked for the purposes of the Bank to Bank Transfers; and

that you are rightfully authorizing us to access the Accounts.

You agree that our rights and remedies arising out of any breach of your representations and warranties

in this Agreement, the limitations on our liability and our rights to indemnification under this Agreement

are continuing and shall survive the termination of this Agreement, notwithstanding the lack of any

specific reference to such survivability in these provisions. HSBC’s failure to enforce the strict

performance of any provision of this Agreement will not constitute a waiver of HSBC’s right to

subsequently enforce such provision or any other provisions of this Agreement.

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The most current version of this Agreement as it appears on our website, including any amendments that we

may make from time to time, constitutes the entire agreement between us, and supersedes and replaces all

other agreements or understandings, whether written or oral, regarding the Bank to Bank Transfers service.

This Agreement may be amended, or any of HSBC’s rights waived, only if HSBC agrees in writing to such

changes, or you continue using the Bank to Bank Transfers service following receipt of notice of any

changes proposed by HSBC. All notices to you shall be in writing and shall be made either by email,

conventional mail or messages delivered through the Services, at HSBC’s discretion. All notices to HSBC

must be made in writing and sent to HSBC by registered or certified mail.

HSBC Bank USA, N.A.

P.O. Box 9

Buffalo, NY 14240

This Service and these Terms are personal to you and may not be assigned to anyone by you.

If either of us has any dispute or disagreement with the other regarding this Service that we cannot

resolve amicably, both parties agree that the sole and exclusive remedy shall be binding arbitration

in accordance with the then-current rules and procedures of the American Arbitration Association.

This Service shall be governed by and construed in accordance with the laws of the State of New

York, without giving effect to its conflict of law’s provisions or your actual state or country of

residence. If for any reason a court of competent jurisdiction finds any provision or portion of the

Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.

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