Before logging on to the Bank's Service the Customer is obliged to carefully read these terms of Service and have accepted the general terms and conditions for individuals as well as the terms of the framework contract, as applicable from time to time. A copy of these terms and any other document which constitutes a part of this contract may be obtained in-branch and/or be downloaded to your computer in the manner indicated by the Bank for future reference and use. These terms apply in a supplementary manner to the Bank's General Terms and Conditions for Individuals and or the framework contract for payment services and the confidentiality terms, as in force which the Customer has already accepted, and which constitute, in conjunction with these terms, a single document and agreed upon as essential terms and conditions. This contract between the Bank, in its capacity as payment service provider and the Customer, in his/her capacity as user of the payment services as either a payer or payee, relates to the rendering of banking services using the Service and covers the procedure for activating the Service following registration for that service, access to it, these terms, the declaration of confidentiality and compliance with the secure internet usage terms, the declaration on protection of personal data, as in force from time to time, and all other documents incorporated into these terms, or which become an integral part hereof, in conjunction with the Bank's transaction terms, as in force. If the Customer does not agree with the terms of Service and therefore the Bank's general terms and conditions for individuals and the framework contract for payment services as in force, he/she shall be obliged to notify his/her in writing objection and thus must refrain from using the Service and must rescind this contract. Upon receipt of the objection/termination of the Customer the Bank shall no longer permit the Customer access to the Service revoking at the same time the payment instruments and identifiers and the Bank shall have no further liability towards the Customer. Where the Customer commences and uses or continues using the Service this shall mean, and the Bank shall consider, that the Customer has expressly and unreservedly accepted these terms and any amendments to them, as notified to the Customer by the Bank, since prior to any transaction in relation to the date of commencement of the effect of the new amended terms of this agreement are accepted.
Without prejudice to any later amendment, referred to in the following paragraph, which the Bank may notify to the Customer via its website or using any means at the Bank's discretion, the information which the Customer may request or transactions he/she may enter into include but are not limited to the following, for which the terms and conditions in the General Terms and Conditions for Retail Customers and/or the framework contract for payment services, as in force which the Customer has already accepted, shall apply:
The Customer acknowledges that it will not be possible to have access to all types of deposits via the Service.
The Service is an online system made available to the Customer round the clock in order for the Customer to have access to and use the said Bank services. Service business day means the day (other than Saturday, Sunday or national holiday) on which services are provided, and in relation to cut off times and the currency conversion cut off times for payment transactions into a payment account with another bank or institution, the day on which the payee's bank provides services.
This contract relates to information and unique identifiers which the Customer must provide in order for a payment transaction to be properly executed, the maximum execution deadline, the cut off times, and the currency cut off times, the interest rates table, exchange rates table the liability in relation to authorised, unauthorised non-approved, non-executed and improperly executed payment transactions, the interest rate and exchange rate, amendment of the contract and the manner, frequency and language of communication with the Customer.
In order for a Customer to register for the Service he/she will need the currently valid Personal Banking Number (PBN) and Personal Identification Number (PIN) which the Customer uses for the HSBC Phone Banking Service or any means of identification which the Bank indicates to the Customer from time to time, if that option is given to it. During registration for the Service, the Customer shall select a Username which is a unique code and is the Customer's identifier enabling him/her to log on to the Service, at which time the Customer's personal homepage on the Bank's Service shall be generated which will include all personal particulars, data and information relating to the Customer alone, to which he/she alone shall have access. The completion of registration and activation of the Service is immediate given the Customer is in possession of the token. Until possession of the token and only for five (5) calendar days the Customer may proceed with only some of the transaction that can be executed through the Service which are not subject to the use of the token and upon receipt of the token the Customer can immediately proceed with all and every transaction provided through the Service. The username along with the personal Secret Question chosen and the relevant Secret Answer (hereinafter referred to together as the password) in combination with the token (from the token device) provide protection during transactions. Upon request, the token device shall be delivered to the Customer using any means available which is considered suitable, or shall be collected by the Customer from any Bank branch at the price which the Bank may set from time to time; that price having been notified to the Customer. The Customer declares that he/she shall pay that price and that the token is the Customer's property. Upon registration of the Customer to the Service e-Advices are turned on automatically. With e-Advices the paper copy is suppressed and the Customer receives the Advices as secure e-message and can read from inbox. In any case the Customer can switch off / on the e-Advice service at any time through HSBC Internet Banking or via HSBC Phone Banking or visiting a Bank's Branch.
The Bank shall not be liable for any malfunction or breakdown of the token device and shall not be obliged to provide the Customer with a new one after the warranty expires; the warranty being for one year from the date of purchase. A new device shall only be provided where the Customer pays the cost of a replacement.
For security reasons, the Bank may, whensoever it considers it necessary, cancel the Customer's token (from the token device) and replace it with a new one. The Bank shall bear no liability if the Customer enters into a transaction without using the token.
Where the Customer loses the token device and it is impossible for whatever technical reason to contact the Bank, the Customer shall be obliged to change his/her Secret Question and the relevant Secret Answer using the Bank's website. The same shall also apply where it is impossible to promptly notify the Bank and request cancellation of the token or to suspend access to the HSBC Internet Banking Service or via the HSBC Phone Banking Service, or by means of written confirmation using the relevant form at a Bank branch.
In addition, the Customer shall be required to select the 'Accept' option for these terms on the Bank's website (www.hsbc.gr) prior to the execution of any transaction after the date of enforcement of the terms and when the Bank recognises his/her express and unreserved acceptance of the terms of this contract as in force from time to time, the Bank shall provide the Customer with updates and banking services online over the internet, in conjunction with the option to use the Bank's systems (Service). The Service permits the Customer to use his/her personal computer or any other suitable device indicated by the Bank from time to time, and the internet, together with the Customer's username/password, to request information and to enter into transactions which the Bank includes in the Service from time to time, subject to the following terms and conditions which the Customer expressly and unreservedly declares that he/she accepts, and shall make the appropriate choice on the Bank's system.
By using the username/password and/or other data to verify the Customer's identity, the Customer declares that he/she is confirming his/her identity of the Bank as well as the origin of the request and/or order solely and exclusively from him/her and authorises the Bank to execute the payment instruction and to debit the account. The Customer declares that the combined use of the username/password in accordance with the standardised website methods and instructions with which the Customer is obliged to comply (a) is equivalent to his/her signature and has the same legal results as his/her actual signature, irrespective of whether attested by a competent body or Bank officer, and (b) indicates to the Bank that access to confidential bank information relating to the Customer and the banking orders demonstrate the Customer's intention in that regard. Moreover, the Customer acknowledges that where an online order arrives with the Bank on a business day it shall be related to and shall be dependent on the cut off times and currency cut off times which are available on the Service, before giving a payment instruction on the website www.hsbc.gr/execution, and during confirmation of the particulars and the correctness of the payment instruction for a payment transaction via the Service, with access to the transaction terms and when that order is saved on the Bank's computer system that constitutes proof in full of the order.
Moreover, in all events the Customer declares that use of the Service constitutes acceptance of the terms in effect from time to time and any amendments to them. The Bank recommends that the Customer save and print out the terms of Service applicable from time to time and any amendment thereto or codification thereof.
Usernames / Passwords are unique, individual, strictly personal and confidential. They are selected by the Customer upon registration for the Service and can be changed by the Customer for others. The Bank recommends and the Customer acknowledges and is aware that changes in the username / password at regular intervals are an essential security measure and that the Customer is obliged to take steps in this regard.
The Customer acknowledges that he/she is obliged (and bears exclusive liability in this regard) to show diligence and check that the username / password are safely stored and to ensure that they or other particulars required to verify his/her identity are not disclosed to third parties. Once the Customer realises or suspects that his/her username / password has been leaked or that they are being used in an unusual and/or unlawful manner, the Customer shall be obliged to immediately change the username / password or request deactivation thereof and denial of access to the Service, and in addition to promptly inform the Bank without undue delay where he/she realises that they have been lost or stolen, there has been unauthorised / fraudulent use, and any actual or possible infringement of the security particulars, doing so via the Customer Service Line which shall be available to the Customer continuously. The Customer shall be exclusively liable in full for any loss incurred due to failure to comply with these obligations. The Customer must disconnect from and log out from the Service when the Service is not used to enter into transactions. Where the Customer deliberately delays in relation to the above, the Bank shall not be obliged to compensate the Customer for any loss the Customer has incurred.
The Bank has no technical or other substantial ability to learn the username / password selected by the Customer or delivered to him/her.
The Bank shall inform the Customer that where there are three unsuccessful attempts to log in Customer access to the Service will be automatically deactivated in order to safeguard the Customer. Moreover, in the case where the Customer does not remember his/her Secret Question/Answer, he/she shall be given the opportunity to change them using personal security questions/answers on the Bank's website. If the Customer does not remember the security questions and answers he/she may submit a request for new username/password using the Bank's website.
In all events, the Customer acknowledges and accepts that when instructions or orders are given using the Service, those shall become irrevocable when they arrive with the Bank provided that the Bank has not suspended or removed the Customer's right to enter into transactions using the Service in accordance with the provisions of term X below.
The Customer declares that he/she is aware of how the electronic equipment which he/she owns and uses operates, and acknowledges that in order for the banking services and transactions to be provided and executed via the Service, he/she must have installed the latest, updated versions of programs/software, operating systems and versions of antivirus software and related data and computer protection software (Acrobat © Reader, antivirus, antispyware, firewalls, etc.) compatible with the Bank's system, and under no circumstances should the Customer save on his/her computer un-identified programs or programs with no legal license for the specific premises. The Bank shall have no liability for any hardware, software or user manuals which a third party outside the Bank provides in relation to the Service or for any services via which the Customer has access to the Service which are not controlled by the Bank.
Moreover, the Customer is aware of the fact that at the current stage of technological development the transmission of information via telecom networks there are risks of malicious phishing of data or changes in codes or data or orders of the Customer by unauthorised third parties, destruction and/or changes to the content of online orders, online statements or other information received via the Service, and that the Customer fully undertakes those risks.
The Customer acknowledges that upon acceptance of the general terms and conditions for individuals as well as upon acceptance of these terms and conditions the Customer grants his/her irrevocable authorisation to the Bank to use his e-mail address declared by him/her for the registration to the Service or within the framework of any contractual relationship with the Bank, so that the Bank can inform him/her on any issues related to the Service, on the statements, the credit card statements, e-advices as well as to any transaction information under the menu 'Account History' as well as fro his/her general contractual relationship with the Bank.
The Customer upon receiving the informative e-mail at his/her latest e-mail address as such is notified by him/her to the Bank, for the issuance of statement(s) and/or credit card statement(s) and/or e-advices must log-on to the Service so he/she can look upon the statements or credit card statement or e-advice in an electronic file which can not be processed and amended. The Customer taking into account the informational purpose of each message (e-mail) sent to his latest registered e-mail address and of the fact that the copies of the account statement are uploaded to the HSBC Internet Banking service on a quarterly basis or, in the case of credit cards, on a monthly basis or, in the case of executed or non executed SEPA direct debit transactions as mentioned above and for other transactions, in the intervals specific to each case, and also that the account history is accessible through said Service on a daily basis and after each transaction is carried out, and that secure e-message for transaction information per case in combination to a previously sent e-mail though his e-mail address, if the Customer does not receive a message within 30 days from receiving the previous informative message (e-mail), he is obliged to inform the Bank in writing and visit the HSBC Internet Banking service, where he can have access to the relevant information after entering his personal passwords.
Also, the Customer acknowledges and accepts that the Bank fulfils its obligation to provide the Customer on transactions information with the uploading the statements on a quarterly basis (or monthly for credit cards) and secure e-messages and e-advices as well as with the entries of information under the menu 'Account history' for which the Customer is per case notified additionally by a previously sent relevant e-mail as such cases are mentioned herein and the in the general terms and conditions for individuals.
The Customer acknowledges that he is obliged to immediately notify the Bank on any change of his/her e-mail address, otherwise the Bank shall not be liable for any loss the Customer may suffer due to its non prompt notification on this change. If the Customer alters his e-mail address and/or he does not provide the Bank with an e-mail address throughout the duration of the relationship with the Bank, the Customer acknowledges and accepts the Bank's actions and decisions that burden his account and of which he was informed and that the Bank duly fulfils all obligations deriving from the framework contract until the date such notification was provided to the Bank. The same stands in case of change of the Customer's change of e-mail address and/or has not or ceases to provide an e-mail address whilst he/she is an HSBC Internet Banking subscriber, where the Customer accepts that the Bank duly fulfils every obligation on transactions information or issuance of account or credit card statements since it is due to his fault that the Bank can not mail or e-mail all information on any transaction and payment transaction.
The Customer acknowledges and accepts that the account / credit card / debit card e-statements have the same kind of evidence and operation with that of the paper account statements and/or credit/debit card statements.
The Customer authorises the Bank to enter into payment transactions and to execute payment instructions of the Customer by debiting the Customer's payment account which is indicated, which orders are received by the Bank via the Service with the combined use of the Customer's username/password and the application of any procedure which may be indicated by the Bank in relation to the service. The Customer declares that it accepts that when a transaction is authorised in this manner, use of the Customer identification procedure shall constitute the sole proof that the order and the relevant payment transaction are deemed to have been approved by the Customer. The Customer declares that he/she is aware that the Bank receives a payment instruction during a business day, as defined, in relation to cut off times and currency cut off times, which are available in-branch or via the HSBC Phone Banking Service and the Service. The Customer acknowledges and accepts that in order to execute payment instructions the Customer's payment accounts must have adequate funds or an overdraft limit which has been agreed with the Bank.
In order to make any payment to or from a payment account in a currency other than the one in which the account is maintained, the currency shall be converted at the exchange rate as shown in the Exchange Rate Bulletin available in-branch, via the internet, via the Service or via the HSBC Phone Banking Service. Given that Business Day for the Service rendering services is 10:00 am - 22:00 p.m. (Greece time) for payment order which is entered/registered through the Service and has been received until 19:00 p.m. (Greece time) for USA Dollars and until 16:00 p.m. (Greece time) for all other currencies and currency conversion takes place the payment order shall be executed the same business day with the corresponding currency exchange rate and value date whilst in case it is received after the aforementioned cut off times and prior to 09:59 a.m. of the next day such will be executed the next business day at 10:00 a.m. with the corresponding currency exchange rate and value date.
For future payments order the execution of such order will take place to be executed in a future date at 10:00 am of the date indicated to be executed in case it is received by the Bank prior to 09:59 a.m. of the day on which it must be executed according to the mandate/order with the corresponding currency exchange rate and value date.
The Customer acknowledges transactions which are entered into via the Service as being absolutely valid and accurate and the account balances which arise from such transactions, subject only to the case where the balances appear after notification by the Bank of any use of the Service by an unauthorised third party or deactivation of use of the Service. It is expressly agreed that copies or extracts from the Bank's books which are issued by officers authorised to that end which show a transaction involving the Customer's accounts shall constitute proof in full of the Bank's claims and are documentation suitable for use in obtaining a payment instruction from the courts; however, counterevidence may always be submitted.
In all events, fund transfers to third party accounts using the Service will be accepted by the Bank subject to acceptance by the beneficiary of those accounts. Where the third party does not accept the said fund transfer, the Customer hereby provides the Bank with an irrevocable mandate, right and power, valid even in the case of Articles 223 and 726 of the Hellenic Civil Code, which may not be revoked even on serious grounds, to offset the amounts which he/she transferred using the Service to the third party account, and any interest which may have arisen, doing so in accordance with the applicable Bank rules.
The Customer hereby acknowledges and accepts that the Bank may refuse to execute a payment instruction (without being liable for such non-execution) where the conditions laid down in this contract are not met (and in the case where there is no agreement reached over a request for an overdraft) or where there are not adequate funds or the payment instrument has been blocked or the usage limit has been exceeded or where it has not been reasonably determined that the transaction is lawful or if the Bank considers that the beneficiary has not used the account or in order to prevent fraud. The Bank shall send or make available the notification at the first opportunity and in all events at the latest by the end of the next business day after the specified execution date, or where the amount of the payment transactions is in euro, in cases of national payment transactions in the currency of the member State outside the euro area concerned and payment transactions involving only one currency conversion between the euro and the currency of a member State outside the euro area, provided that the required currency conversion is carried out in the Member State outside the euro area concerned and, in the case of cross-border payment transactions, the cross-border transfer takes place in euro until 01.01.2012 (or any other later date which may be specified) up to three business days later at the latest. The Customer has already accepted that the Bank is entitled to impose a charge for such notification, if the refusal is objectively justified. In all cases where execution of a payment instruction is refused, the Bank shall deem that order to have never been received. Where the Bank refuses to execute a payment instruction, refusal (and if feasible the grounds for refusal) and the procedure of rectifying any errors which led to the refusal shall be notified to the Customer after refusal to execute in writing, by phone or by fax.
Before an order is given via the Service, the Customer must confirm that the order and the information and particulars it contains are correct and full, as are the particulars of the account which is to be credited or debited depending on the payment instruction and that it is the order which he/she intends to give to the Bank. The Bank shall not be liable for any delay or error which arises from incomplete, unclear or erroneous errors which the Customer provides and the Bank accepts. Where the Customer, for example, gives an erroneous Bank Identification Code (BIC) for the payee's bank or institution, or the name and address do not match, the Bank shall not be liable for executing the order in accordance with the information contained in the payment instruction.
After the payment instruction is given, and has been received by the Bank, it is irrevocable. However, if the Customer wishes to amend or cancel it in the manner indicated by the Bank, the Bank shall make every endeavour to amend or cancel the order provided that is possible. Any amendment or cancellation must be received in writing or via an encrypted security message sent using the Service or the HSBC Phone Banking Service or in any other manner indicated by the Bank. Where it was agreed that the order would begin to be executed on a specific date or at the end of a specific period or on a date on which the Customer has made monies available to the Bank, the Customer shall be entitled to revoke the payment instruction in person using the Service by generating an encrypted security message sent using the Service or the HSBC Phone Banking Service no later than the end of the business day before the agreed execution date, based on the table of cut off times. The Customer acknowledges that the Bank shall be entitled to charge the Customer for any additional costs or fees arising from cancellation or modification of the transaction, or in the case where incoming payments are returned to the Bank which sent the order due to an erroneous means of identification being used.
In the case of a joint account, the Bank shall execute the instructions of any of the joint accountholders but each joint account holder shall be responsible for all transactions which are entered into and for repayment of any amount arising from or relating to a transaction involving that joint account.
Transactions which may be entered into by the Customer using the Service shall be subject to restrictions on the limits for each transaction or for all transactions overall within any given day which are announced by the Bank, and which limits are available in-branch, via the HSBC Phone Banking Service, the internet or the Service. The Bank may increase or reduce the limits and restrictions on transactions by sending notice to that effect to the Customer or posting that notice at Bank branches, or using any other reasonable means at its discretion. Moreover, it may, at its discretion, increase or restrict the manner and procedure for accessing the Service, entering into transactions and/or the type and number of transactions and specify the days, times and duration of operation of the Service without such a change constituting an amendment of the Service transaction terms, provided notice to this effect is sent 2 months beforehand using the most reasonable means for the Customer in the Bank's view.
The Customer hereby declares that no transaction which is entered into via the Service shall relate to money laundering and undertakes responsibility for ensuring the authenticity and legitimacy of his/her transactions. He/she shall be obliged to furnish all supporting documents which are requested during any checks carried out by the Bank of Greece or other competent authority.
The Customer acknowledges that the software is the Bank's property and any copying, imitation or counterfeiting thereof by the Customer or by third parties whether authorised or not shall be a criminal offence and the Bank reserves its right to seek restitution for all losses incurred.
The Customer declares that he/she has been informed by the Bank that the Bank, after registering the Customer for the Service, will never communicate with the Customer in order for him/her to disclose his username/password. Consequently, if the Customer is asked by anyone (even if using the Bank's name and logo, and they appear to be authentic) the Customer can be certain that the third party is not authorised by the bank and under no circumstances should the Customer disclose his/her username/password. In such a case the Customer must inform the Bank accordingly.
The Customer declares that he/she is under the obligation to keep he/her personal security codes for the Service secure and secret and that the Bank will never ask those in an e-mail correspondence. It is also suggested to the Customer to have access to the Bank's website only directly and not through other websites or through a website address referred to as the Bank's website, whilst not the Bank's website in an e-mail correspondence received and especially not to enter his personal security codes. In any case where the Customer is aware of or is under the impression that his/her personal security codes have been lost or stole or used or an attempt of its use has taken place by the third party he/she must immediately inform the Bank on this.
The Customer is obliged to communicate to the Bank any change in his/her personal particulars and postal addresses and the Customer shall be informed accordingly about any documents which he/she must furnish to Bank branches. Where this is not done, any transaction entered into or action taken shall be presumed to have come from the Customer and the Bank shall bear no liability or responsibility if the Bank has not been duly informed.
The Customer is obliged to enter into transactions in accordance with Bank instructions as applicable from time to time, as contained in this terms and conditions and on its website, and in accordance with the secure services, transactions and network instructions. The Customer accepts that any omission or failure on his/her part to comply with security procedures and guidelines may result in a breach of confidential information relating to him/her and to transactions being entered into by third parties who are not authorised by him/her, to changes being made to electronic messages and losses being incurred by the Customer, but the Bank shall have no obligation to execute such transactions or make restitution of any loss incurred.
Provided the Customer is registered and has the relevant secure access codes he/she may request that access be suspended and/or that access be restored after it was suspended, using the Service, in which case access shall be suspended by the Bank as soon as possible after the Bank assesses the said request. Where the Service is not used for 24 consecutive months the Bank shall inform the Customer in writing that access to the Service is to be suspended and the Customer shall be obliged to inform the Bank in writing within two (2) months about this matter otherwise the Bank shall be entitled to terminate access.
The Customer undertakes to enter accurate, complete and clear orders and declares that all information given shall be accurate, valid, complete and true and that he/she will maintain and duly update registration particulars so that they remain true, accurate, valid, updated and complete. Moreover, the Customer acknowledges that transactions requested shall not necessarily be executed simultaneously with orders being given by the Customer. There are cases and issues which require time to be processed and specific instructions which may be executed during Bank business hours only even though the Service is available outside Bank business hours.
Changes or errors which occur before a Customer order or instruction is received by the Bank shall be the Customer's responsibility and the Bank shall not be obliged to make restitution of any loss which the Customer may incur from failure to execute an erroneous order or instruction.
The Customer shall be obliged not to use the access codes used to access the Service to access third party alternative networks.
The Customer shall be liable for any loss incurred by the Bank from infringement of these terms, and irrevocably authorises it to debit the amount of loss incurred from the account provided without prior notice, including any losses or expenses incurred in the case of interference or system failure where that is due to his/her acts or omissions.
Any other use, such as connection to the Bank's website using a third party website (linking) is expressly prohibited and the Bank shall be entitled to seek restitution of any direct or consequential loss incurred and to seek compensation.
The Customer accepts that use of the webpages on the Bank's website is intended solely for the purpose of banking services being provided to him/her in person. Consequently, the Customer shall be obliged to refrain from any act which seeks to reverse engineer or recompile the source code in software run on the Bank's website, or whereby the Customer obtains unauthorised access to any service, software, system, individual computer or network of computers or file of the Bank or which attacks the Bank's website and its systems in general in any manner by using mechanical or automated means or methods.
It is hereby agreed in this contract between the Customer as a user of the payment services and the Bank as the payment services provider that until 01.01.2012 (or until the date which may be specified at any time after that by Greek law or by the competent authority) after the payment instruction cut off point, the amount of the payment transaction is in euro, in cases of national payment transactions in the currency of the member State outside the euro area concerned and payment transactions involving only one currency conversion between the euro and the currency of a member State outside the euro area, provided that the required currency conversion is carried out in the Member State outside the euro area concerned and, in the case of cross-border payment transactions, the cross-border transfer takes place in euro until 01.01.2012 (or any other later date which may be specified) up to three business days later at the latest. More particularly until 01.01.2012 (or any other later date which may be determined by the Greek legislation or competent authority) the amount of each payment transaction shall be credited to the payment account of the payee the third business day after receipt of order whilst after 01.01.2012 or other date which could be determined by law the next business day after the receipt of order as such has been mentioned in the framework contract for payment services. For all other payments the fourth business day as from receipt of the order.
The Bank's ability to execute payment instructions within the maximum execution deadline depends on the time at which the orders are received before the cut off times and the currency conversion cut off times which are available to the Customer as defined above. Any payment instruction relating to payment accounts which is sent using the Service must be received by the Bank before the cut off times in order to be deemed to have been received on the same business day. Any payment instructions sent using the Service after the cut off times and the currency conversion cut off times will be deemed to have been received on the next business day. The Customer acknowledges that when a payment instruction is given for a payment transaction, additional time must also be taken into account for processing and execution of the order by the payee's bank. Moreover, the Customer acknowledges and accepts that the Bank is not liable for processing and execution of international payments where the date on which the payment is received by the payee's bank or institution or the exchange rate date is not a business day.
The Customer acknowledges that the Bank shall be entitled to use correspondent banks and payment clearing and settlement systems chosen by the Bank to execute the payment. Where payment services are provided by the Bank which do not fall within the payment transactions as defined by the Greek legislation (Greek law 3862/2010), the Bank shall not be liable for any delay or inability caused by the correspondent bank or any clearing and settlement system.
The Customer acknowledges that the Bank and all members of the HSBC Group shall be obliged to act in accordance with the laws and regulations which apply in the various states which seek to combat money laundering, terrorism financing and the provision of financial and other services to natural or legal persons on whom sanctions have been imposed. The Bank may take any steps, or give instructions to other members of the HSBC Group to take steps, which, in its unfettered discretion, it concerns appropriate in line with the said laws and regulations.
Such steps may include, but are not limited to: the investigation of payment instructions and other information or communications provided by/sent to the Customer or on his/her behalf, via Bank systems or using systems of another member of the HSBC Group. The Bank shall be entitled to conduct the said investigations to ascertain if a name which may be related to natural or legal persons on whom sanctions have been imposed is in fact related to them.
The Bank and members of the HSBC Group shall not be liable for losses (whether direct or consequential) incurred as a result of: (i) delays or non-execution by the Bank or other member of the HSBC Group of obligations undertaken under the account opening terms and conditions or other obligations, attributable in whole or in part to activities which the Bank, at its unfettered discretion, considers appropriate for its compliance with the said laws and regulations, or (ii) exercise by the Bank of the rights given by this paragraph.
In certain cases the steps taken by the Bank may prevent or delay the processing of information. For that reason the Bank and members of the HSBC Group do not provide guarantees that the information on Bank systems relating to payment messages and communications which are the scope of activities taken under this paragraph, are accurate or updated at the time that access to them is sought, during such time as those actions last. Provided that the laws and regulations in effect so permit, the Bank shall make concerted endeavours to inform the Customer about the conditions referred to above, doing so directly where that is reasonably feasible.
The Bank undertakes to ensure operation of the Service, but shall expressly not be liable where there is any interruption in service due to events beyond the Bank's control, to force majeure such as network down time or delays, or black outs or strikes by bank staff, scheduled or unscheduled maintenance or upgrade work on infrastructure, erroneous keys typed by the Customer or delays, errors or technical inadequacy or malfunction of the telecom network or technical equipment of the Customer or a third party, such as internet service providers, which make it impossible to obtain access to the Service on a temporary or permanent basis, or any other cause which is not due to the }Bank's gross negligence. The Bank shall not be liable for any expenses, losses or damages incurred by the Customer and/or any person in the case or interference or attempted interference with systems, non-operation thereof due to force majeure, which includes strike or termination of work by Bank staff on any grounds, faults or improper manufacture of the equipment used to operate them or relating to information whose origin is outside the Bank and any other case not due to the Bank's negligence.
The Bank may use the Service to dispatch information sent automatically online by third parties to its system on an 'as is' basis and shall bear no liability for their content.
The Customer hereby acknowledges and accepts that the Bank may refuse to execute a payment instruction (without being liable for such non-execution) where the conditions laid down in the framework contract for payment services are not met (and in the case where there is no agreement reached over a request for an overdraft or credit line) or where there are not adequate funds or the payment instrument has been blocked or the usage limit has been exceeded or where it has not been reasonably determined that the transaction is lawful or if the Bank considers that the beneficiary has not used the account or in order to prevent fraud.
Following a request from the Customer for a specific payment transaction originated by the payer, the Bank shall provide specific information about the maximum execution deadline, the charges to be paid, and if appropriate, the breakdown of individual amounts comprising those charges.
The Customer shall be entitled to request the restitution of losses incurred only where it has notified the Bank immediately in writing or using the HSBC Phone Banking Service when he/she realises that there has been a non-approved or erroneously executed payment transaction where the payer's payment service provider and the payee's payment service provider are both established in the EU and the payment is in euro or currency of a member state which has not adopted euro as its currency and this notice is given the latest 13 months from the date on which the debit is applied. In case the Customer did not notify immediately as aforementioned the Bank shall not be obliged to make restitution of any losses which the Customer has incurred. Where, however, the relevant conditions are met, the Bank shall promptly return the amount of the unauthorised payment transaction to the Customer payer, and if appropriate shall return the payment account which was debited to its prior condition.
The Customer acknowledges that the Bank shall bear no liability for direct or consequential loss which may be incurred by him/her from failure to comply with his/her obligations deriving from these terms. The Bank shall be liable to the Customer for any direct losses he/she may incur due to fraud or gross negligence within the Bank's sphere of influence.
The Bank may use cookies (namely small text files stored on the Customer's computer hard drive) which do not take cognisance of any document or file on the Customer's computer. Cookies are used to facilitate the Customer's access to specific Bank services which are used or for statistical purposes in order to determine areas in which the Bank's services are useful, or are used for marketing purposes. The Customer may set his/her server so that he/she is warned about the use of cookies for specific Bank services or so that he/she does not permit the use of cookies under any circumstances. Where the Customer does not wish to use cookies for identification purposes, he/she can no longer have access to those services.
The Bank shall take all reasonable steps to ensure that any information provided to the Service is an exact copy of the information in the Bank's systems or which is provided by third parties. Due to the nature of the Service and conditions outside the Bank's control, the Bank does not warrant that the information provided by the Service is accurate or free of errors. Some information available via the Service may be specified on screens or in user guides subject to the Bank's disclaimer or other provisions, in which case the Customer should rely on that information subject to the reservations entered by the Bank.
Magnetic records on the Bank's system shall have full evidentiary value in relation to the content of Customer orders and transactions entered into via the Service, but the Customer shall be entitled to produce counterevidence in this regard.
The Customer has already accepted and acknowledged by the general terms and conditions for individuals and in any case by these terms that since and if the Customer (or his co-holder) has been registered of the HSBC Internet Banking service (the Service) for any account of his/her, the transactions and payment transactions information for all accounts held with the Bank wherever he/she is a (co-) holder shall be sent to the Customer who is the subscriber of the Service electronically either by default at the Bank's discretion or upon option of any of the Customer/subscriber entailing that paper statements shall not be sent at the correspondence address indicated to the Bank. The e-statement shall be available under the menu 'Statements/Advices' through the option 'e-Statement' and a previously sent informative e-mail which shall be sent to his/her e-mail address or secure e-message. In any such case every customer who is a subscriber of the Service must inform his/her other co-holders on this subject. Each one of the co-holders of the account(s) may choose again the manner of dispatch or availability of the statements upon relevant written mandate addressed to the Bank. The option which every co-holder has on this subject (means of dispatch of statements) can be made for all his accounts and not for some of them. If a paper statement option is made such shall be sent to the indicated to the Bank correspondence address according to the already agreed upon in term 7.3 of Part I of the General terms and conditions for individuals. The Customer hereby either as holder of sole account(s) or co-holder of joint account(s) acknowledges and accepts that the Bank shall execute the relevant mandate received prior to the issuance of statements even one (1) business day prior to.
The Customer shall receive a confirmation from the Bank for transactions entered into using the Service in the form of a separate written notice or in his/her monthly statement according to the aforementioned. The Bank shall send the Customer a secure e-message that the e-statement, credit card e-statement or e-advice is available, if these services are rendered by the Bank.
The Bank shall inform the Customer of the overall activity in his accounts (banking and loan) and of the payments through any channel of the Bank's payments services (branches, ATMs, HSBC Phone Banking and HSBC Internet Banking) on cash deposits and/or withdrawals, fees charged for the use of a credit and/or debit card linked to a Customer's account, payment instruction and so on, as follows:
a) in hard copy, without cost, quarterly and after the end of each calendar quarter, more specifically every March, June, September and December of each year to the latest mailing address provided to the Bank, unless the Customer has subscribed to the Bank's Internet Banking services in which case he will be informed electronically as described below under point b). In any case the Customer is entitled to request in writing, a change in the time he is informed.
b) electronically (e-statements), without cost, quarterly and after the end of each calendar quarter, more specifically every March, June, September and December of each year, applied to the Internet Banking service Customers, to the internet site of this service by receiving a secure e-message upon accessing the above internet site by receiving a monthly informative e-mail in his latest registered e-mail address for all his loan accounts. In any case the Customer is entitled to request in writing, a change in the time he is informed.
Additionally, the Customer will be informed on a monthly basis while accessing the internet site of the above service, from the file named "account history" in form of an electronic folder not subject to alterations, by receiving a monthly informative e-mail in his latest registered e-mail address
c) in writing using extracts or copies of the account's activity, issued at least every calendar month and also at any time in any of the branches or through the Phone Banking service. In case of more frequent information, the Customer acknowledges that the Bank has the right to charge accordingly as indicated in the Bank's pricing table available in the branches and the Bank's web-site, as well as through the Phone Banking and Internet Banking services
d) in relation to executed SEPA direct charges, as well as non executed SEPA direct charges -in cases of insufficient balance for their execution- by sending advices to the latest registered address or electronically for Internet Banking users by sending e-advices in the internet site of the above service, with previous receipt of an informative e-mail for the issuance of the e-advice in the latest registered e-mail address
e) where a passbook has been provided for that particular type of account, by updating the passbook at any Bank branch and additionally as described in all above cases.
f) for payments through credit cards, in writing on a monthly basis, sent to the Customer's latest registered address
g) for electronic payments through credit cards, on a monthly basis for Internet Banking subscribers with previous receipt of an informative e-mail for the issuance of the e-statement in the latest registered e-mail
In order to read, save or print the statement from PDF files, the Customer must have the software Acrobat © Reader (version 6.0 or later) installed. Where the Customer does not have that software, the Bank provides a corresponding secure link on its website to download it free of charge. Where the Customer wishes to receive paper statement(s), the e-statement option shall be automatically de-activated or if he de-activates the choice of e-statement then the information on transactions and payment transactions (e-statements), credit card e-Statements shall be made according to the legislation and as agreed upon in the general terms and conditions for individuals, as applicable from time to time which the Customer has already accepted.
In relation to the monthly Credit Card e-statements service the Customer acknowledges that when and if the Bank provides such service upon relevant communication, this service will be provided to the Customer only when he/she is a holder of the HSBC main credit card and at the same time a registered subscriber of HSBC Internet Banking service. The Customer hereby agrees, accepts and acknowledges that for the monthly credit card e-statements service the Bank is entitled and authorized hereby, unless the Customer objects prior to the activation of the new service of credit card e-Statements through the HSBC Phone Banking or in writing though the Bank's branches to automatically activate this service on a monthly basis, by making available to the Customer his/her Credit Card e-Statement(s) and to cease sending the monthly paper credit card statements. The Customer - holder of the main/primary credit card has always the right to opt out to this service by communicating accordingly via HSBC Phone Banking service of the Bank's branches his/her mandate for the Bank to send henceforth, at the mailing address indicated by the Customer. The Customer acknowledges that his/her relevant mandate will be executed by the Bank after five banking days as from the date of the mandate. Given that the Customer has not objected to the automatic activation of the service prior to the date of its activation through the means indicated above or did not opt out to the Credit Card e-Statement service, the Customer acknowledges and accepts that the Bank shall send to the Customer an e-mail at his indicated by the Customer internet e-mail address in order to inform him/her on the issuance and availability of the Credit Card e-Statement. The Credit Card e-Statement shall be available at the menu category 'Statements/Advices' and 'Credit Cards e-Statement' option, To this aim the Bank suggests and the Customer undertakes the obligation to update his/her internet e-mail address at the menu category 'Services' through the 'Personal Information Update' option. The Customer acknowledges and accepts that the Credit Card e-Statements service shall not be available in cases of termination of the credit card agreement.
Furthermore, the Customer acknowledges and accepts that the Bank shall have the right to suspend or even terminate the availability of either the e-Statements service or Credit Card e-Statement services and apply the dispatch of paper credit card statement at the latest mailing address indicated by the Customer to the Bank, without prior notice in case even one of the reasons mentioned hereunder term 'Duration - Suspension and termination of use/access to the service' occur. In any other case the suspension or termination of either the e-Statements service or Credit Card e-statements service shall be realised two (2) months after relevant notice to the Customer.
The Customer acknowledges that amendments to the Terms may be made as a result of: decisions of the Administrative, Financial or Monetary Authorities of Greece or the EU; more wide-ranging changes in general banking methods; systemic and procedural changes in the Bank; changes in market conditions; being favourable to the Customer; attempting to provide a clearer wording of the Terms or improve the Bank's services; or, finally, decisions of the Bank itself. In any case, the Bank shall inform the Customer personally of the new terms resulting from the amendments. The Bank shall provide the Customer with a time frame of at least thirty (30) days within which the latter must accept the terms or not accept them and the effective date of the new terms shall be announced. The new terms may not come into effect prior to the lapse of the said time frame for acceptance or non-acceptance of the terms. The information / notifications to the Customer shall be provided by a relevant notice sent through the account statements or through a letter of the Bank and/or an announcement posted up at the Bank's branches and/or website and/or through an announcement in the mass media and/or another expedient medium and shall be binding on the Customer, unless the Customer objects to them in writing at a Bank branch within the time frame provided and before the new terms come into effect. If the Customer objects to the amendments, this may entail the termination of his business relationship with the Bank within said time frame, in which case the Customer will not be bound by the amendments.
The Customer hereby acknowledges that where there are amendments to terms of the Bank's framework contract for payment services and the Bank services' price list and/or interest rates and/or the cut-off times tables of the Bank and/or third parties and/or currency conversion cut-off tables, the notice or announcement shall be provided using the media cited under paragraph 1.6 of Part I of the general terms and conditions, two (2) months before they take effect and the Customer hereby declares that in case he does not object within the two months period, his non-objection amounts to acceptance of such amendments. Therefore, where the Customer, as a payment service user provided to him by the Bank, does not submit objections on said amendments which were notified, within the time period of two (2) months and before they take effect, the Bank shall assume, and the Customer hereby acknowledges, that he has in fact expressly and unreservedly accepted those amendments. In any case, the Customer may object to said amendments in writing at a Bank branch within the time frame provided and before the new terms come into effect. Where the Customer does not accept the amendments, the time when his objection is stated shall also be considered as the time when he terminates the framework contract for payment services and shall entail the closing of his account(s) pursuant to the terms and conditions of the framework contract for payment services.
The Customer consents to collection and process of personal data contained in his/her application to the Bank and companies in its Group being collected and processed in an electronic or other file in accordance with the provisions of Law 2472/1997 as in force, for the purpose of managing the application and his/her contractual relationship with the Bank. The Customer retains his/her rights deriving from the said law and in particular the rights under Articles 11 to 13 of that law (the right to inform, access and to object). Moreover, personal data shall be held and processed in accordance with the General Terms and Conditions for Retail customers and/or the framework contract as in force which the Customer has already accepted, and which constitute an integral part of this contract together with the tables aforementioned.
Where the Customer does not agree with the personal data protection terms contained herein he/she shall be obliged to refrain from using the Service and the Bank's services.
By providing an email address the Customer expressly declares that the provided e-mail address is his own, consents to the Bank to include his/her particulars in mailing lists for the dispatch of any newsletters which the Bank may periodically send out for products and services of the Bank and/or HSBC Group and to keep a file of email addresses for sending out other informative or economic-related messages other than newsletters, unless the Customer does not wish to receive such messages and informs the Bank is writing or through HSBC Phone Banking service on his/her refusal to receive such material through his/her e-mail address and in case he/she receives such messages and wishes not to, he/she may send a message at the e-mail address marketing-gr@hsbc.com and then the Bank shall delete his name and address from the mailing lists, without charge.
Since the law requires the Bank to indicate the Customer's account number and/or an address and/or ID particulars for international and domestic fund transfers, the Customer hereby acknowledges and accepts that where, for the purpose of completing a transaction which uses the service of SWIFT (Society of Worldwide Interbank Financial Telecommunication) whose registered offices are in Belgium (website: www.swift.com), and which is today the sole body providing that service, the data relating to the transaction shall be sent to it, which shall then send that data to a backup held in the USA, for security reasons, in accordance with the international standards applicable and the requirements of the supervisory authorities. The authorities of the USA (such as the Department of Finance) have access to that file which contains identical data from banks in all Member States of the EU, for the purpose of combating terrorism and money laundering activities. Consequently, the Customer acknowledges and accepts that any information provided by the Customer for the purpose of executing a payment instruction may be disclosed to the authorities of the USA.
The Bank has taken every possible measure in its standard business practice to protect the transaction software system available via the Service from attacks by viruses but shall not be liable in the case of damage of the hardware, software or files of the Customer caused by viruses, and it cannot provide a warranty as to the non-existence of viruses, and bears no liability in the case of damage to hardware, software or files or other damage caused to the Customer by a virus.
The Bank has taken all measures necessary to ensure high security levels and to protect its system, data and transactions as required by standard business practice. However, the Bank bears no liability if, despite due diligence on its part, the confidentiality of information relating to the Customer is breached.
The Secure Socket Layer (SSL) protocol provides a high level of security for internet communications. The SSL protocol provides an encrypted communication channel between a browser and a web server. The SSL protocol blocks the phishing of sensitive information (such as credit card numbers, account balances and other financial and personal data) sent over the internet between the Customer's browser and a web server during electronic transactions.
Encryption converts your data into a coded format before sending it over the internet. This means that unauthorised users cannot read it. HSBC uses SSL encryption which is the accepted industry standard. There is a secure 'encrypted' environment when the URL address starts with http s:// or there is a closed lock in the bottom right-hand corner of the Customer's web browser.
When the bank decides to collect charges for use of the Service the amounts corresponding to those charges will be debited at the time specified by the Bank from the account indicated by the Customer. These charges can be learned before any transaction at Bank branches, using the HSBC Phone Banking Service, the Bank's website or the Service. The price list for services provided as part of the Service is available on the website www.hsbc.gr/ibcharges.
The Bank maintains the accountant at its discretion for the purpose of its accounting system and books, and informs the Customer of the fees charged in writing by sending out or making available monthly statements or using any other reasonable means at the Bank's discretion. Where the fees change, the Bank shall inform the Customer in writing or using the email address provided by Customer beforehand.
In all events, the Customer may submit objections about the charges and/or request termination of access to/use of the Service and rescind this contract and the framework contract for payment services. The Customer acknowledges that he/she shall pay third party costs such as the cost of connecting to electronic information networks, the cost of equipment, phone and other charges, taxes, levies, expenses or other manner of charges payable to the State or any third parties imposed due to or in relation to these terms and conditions or the Service.
The Bank shall not charge the users of payment services for the discharge of their obligations in relation to the provision of information or corrective/preventative measures it is obliged to take. Information about Bank charges is available in the price list for services provided which is given to the Customer, and is available via the Service. The Customer declares that he/she is aware that in the case of all payment transactions entered into by the Bank in a currency of the EU or member state which has not adopted euro as its currency involving payment service providers who are both located in EU there shall not be an option to charge all bank charges for the payment transaction to the payer only or the payee only but the payee pays the charges levied by his payment service provider, and the payer pays the charges levied by his payment service provider without that meaning that the two charges must be equal. The intermediaries (corresponding) banks' charges and those of the payment service provider of the payee are paid by the payee.
The Bank, as the payer or payee's payment service provider and any bodies intermediating on their behalf (correspondent banks) shall be obliged to transfer the full amount of the payment transaction and not deduct any charges from it.
However, the Customer as the payee in payment services and the Bank and payment service provider agree that the latter shall deduct its charge/fee and the expenses of correspondent banks from the amount transferred as part of the payment transaction before it is credited to the payee's payment account, where the full amount of the payment transaction and the charges are fully itemised in the statement sent to the payee.
Where the payment transaction is sent by the payer and charges are deducted from the amount transferred beyond those which are cited above, the Bank shall ensure that the payee receives the entire amount which the payment transaction relates to. Where the payment transaction is originated by the payee or via him/her, the payment service provider shall ensure that the payee receives the entire amount to which the payment transaction relates.
This contract shall remain in effect indefinitely. The Customer shall be entitled to request at any time termination of his/her access to the Service either by sending a secure e-message via the Internet Banking Service or written notice to any branch of the Bank or using the HSBC Phone Banking service, provided at least one month notice is given. The Bank shall execute the Customer's access termination request by the 10th business day from the date on which the request was received.
The Bank reserves the right to suspend or/and terminate use of the Service by the Customer without notice on serious grounds such as irregular use of the Service by the Customer; infringement of any of these terms by the Customer or infringement of any other obligation arising on different grounds owed to the Bank; the Customer's insolvency or indebtedness or his credit rating is reduced;; technical grounds which make it essential to safeguard the Customer's and Bank's interests; in case the Customer being either a Premier Customer or an Advance Customer objects to the transmission for processing of his personal data to HSBC Group companies, within or outside the European Union; where the Service has not been used for 24 consecutive months; where any statement made or data provided was or has become untrue in any respect; where suspension or termination is required to comply with any legislation or regulatory provision/decision; or where there are suspicions about unlawful use of the account by the Customer or by a third party due to the Customer's fault or negligence. Where the Bank suspends use of the Service, it shall do so having first notified the Customer and the legal effects of such suspension shall commence 30 days thereafter, whereas termination of use of the Service shall be effectuated by giving the Customer 60-days notice, and the legal effects of such termination shall commence at the end of that time. In any case the Bank shall be entitled to rescind this contract by giving the Customer two (2) months written notice whilst the Customer shall be entitled to rescind this contract at any time by giving at least one month written notice to the Bank. The Customer acknowledges that the Bank shall not be liable for any losses which may arise in relation to a transaction not executed after rescission of the contract or after suspension or termination of banking transactions via the Service.
Intellectual property and corresponding rights in all data, information, systems, procedures or other materials used or developed by the Bank for the purpose of providing services via the Service or for discharging Bank obligations hereunder shall remain the Bank's property. The Customer shall be entitled to use such materials for the purpose of providing and receiving banking services as outlined herein. The Customer acknowledges that the HSBC logo and corporate name are registered trademarks of the Bank. The entire internet content, including images, graphics, photographs, drawings, texts of the services provided and in general all files on the website are intellectual property, registered trademarks and service marks of the website and are protected by the relevant provisions of Greek law, European law and international conventions and treaties. Reproduction of all or part of the website in any format is prohibited without the prior consent of the Bank, other than printing out or saving a copy of the content of a webpage for personal, non-commercial use.
The Bank does not check the availability, content, personal data protection policy, quality and completeness of services on other websites and webpages which are referred to via links, hyperlinks or banners, and the Bank cannot be deemed to accept the content or services of websites or webpages which are referred to.
The language in which this contract as well as that of the framework contract for payment services is the Greek language and the terms hereof shall be governed by Greek law. The Customer by accepting the general terms and conditions for Retail customers and/or the framework contract for payment services has agreed as competent courts for the purpose of interpreting these terms and resolving any dispute which derives from these terms the competent courts of Athens.
In all events, the Customer acknowledges and accepts that the terms of this contract together with those of the General Terms and Conditions for Retail Customers and the framework contract for payment services, as in force from time to time and as implemented, and/or the price list and/or the interest rate list and/or exchange rate list and /or the cut off times and/or the currency conversion cut off times constitute a single text, acknowledges that the aforementioned tables are available at the Bank's website and/or the Bank's branches and/or through HSBC Phone Banking service and/or HSBC Internet Banking service, if he/she is a subscriber and that he/she has examined, understood and unreservedly accept.
"Copyright. HSBC Bank plc (08/2011). All rights reserved. No part of this document may be reproduced or stored on a system from which it can be recovered or sent in any format or using any medium, whether an electronic, mechanical, photocopying, recording or other medium, without the prior written consent of HSBC Bank plc."