These terms and conditions govern the use of HSBC India's Bill Payment service to enable customers to pay their utility bills through HSBC Personal Internet banking.
Definitions
"Bank" means The Hongkong & and Shanghai Banking Corporation Limited, India, a Company incorporated under the Companies Ordinance of the Hong Kong Special Administrative Region (HKSAR), having its Registered Office at 1 Queens Road Central, Hong Kong and its India corporate office at 52/60 Mahatma Gandhi Road, Fort, Mumbai 400 001 (hereinafter referred to as "HSBC India").
"Account" means a savings/current account with HSBC India. "Customer" means an individual having a banking or credit card relationship with HSBC India.
"Business Day" means any day, except Sunday or public holiday on which HSBC India is open for normal banking business during normal banking hours in India.
"Biller" means service provider or a credit card for which the customer has registered with HSBC India to make the bill payment.
"Bill Payment Service" means facility or agreement through which the Customer instructs HSBC India to directly make the payment to his service provider for Utility bills / Telephone Bills / Insurance policies / Electricity / Credit Card bills.
"Internet Banking facility" means service offered by HSBC India through which a registered Customer may conduct enquiries or perform transactions on its website www.hsbc.co.in.
"Phone Banking" means service offered by HSBC India through which Customer / potential Customer may conduct enquiries or perform transactions through 24*7 customer service contact numbers over the telephone.
General Terms
Scope of Services:
- By registering for Bill Payment Service, the Customer authorizes HSBC India and its agents to follow the payment instructions he has given using his HSBC Internet Banking. The Customer will provide HSBC India with the names and information of his Account with those Billers, as required by the Biller to whom he wishes to make Bill Payments. The Customer fully understands that HSBC India engages third party agent(s) to provide the Bill Payment Service.
- By registering for Biller(s) through the Bill Payment Service on HSBC Internet Banking, the Customer agrees that HSBC India is authorized to accept the Customer's instructions to make payment over or Internet Banking from his accounts linked to his PBN (personal banking number) / Internet Banking ID, only up to a total of INR250,000 per day (from 00:01 hours to 24:00 hours Indian Standard Time).
- When the Customer initiates a Bill Payment, he authorizes HSBC India to debit his Account/Credit Card on a Business Day and to remit funds to the Biller on his behalf electronically.
- If the Customer chooses to debit his HSBC Credit Card Account for payment of bills he will not be able to use the recurring Bill Payment Facility.
- HSBC India cannot be responsible for any delays made by the Billers themselves.
- In case the Customer has changed his mobile network/ service provider of his registered mobile number on HSBC Bill Payment Services, (through the Mobile number portability 'MNP' option or otherwise), the Customer will be required to first de-register from the existing mobile service provider by sending a secured message through HSBC Personal Internet Banking or visiting his/her nearest branch and place a written request. Once the de-registration is successfully done the Customer may once again register for the new mobile network service provider through 'Add Biller' option on the HSBC Internet Banking.
- The Accountholder shall be responsible to ensure that the Credit Card Payment instructions are not in violation of the Foreign Exchange Management Act, 1999 or any rules/regulations made thereunder and shall be liable for any violation of the same.
- For Credit Card payments made through Bill Payment Service, the Accountholder shall be responsible for providing the correct Recipient Credit Card number. While HSBC India may at its discretion obtain certain other details of the Recipient like Name, Address, Recipient's Bank name etc., HSBC India shall not be liable to verify or authenticate the information so obtained. HSBC India will process Account to Credit Card Payment instructions based on the information provided by the Accountholder. In the event the Accountholder provides an incorrect Recipient Credit Card number, the Bank shall neither be responsible for such transfer nor be liable to reverse the transaction.
- HSBC India or its agents shall incur no liability if they are unable to effect any Payment Instruction on the Payment Date due to any one or more of the following circumstances:
- If instructions to make a Bill Payment is not received 3 Business Days before the due date.
- If the bill amount paid by the Customer varies from the actual bill amount from the Biller.
- a) If the Customers Account does not contain sufficient funds to cover the payment of the respective bill or the bill amount exceeds the overdraft limit, if any, granted to the Customer.
b) If the Customer chooses to make a Bill Payment through his HSBC Credit Card and the attempt to debit his card results in an authorization failure due to various reasons including but not limited to, sufficient limit not available, credit card in delinquent status, credit card in closed status etc.
- If the funds available in the Customer's Account are under any attachment, lien or charge.
- The name of Biller and/or details required by the Biller for effecting the payment is not correctly provided by the customer.
- Due to refusal of the Biller to receive the payment for any reason whatsoever.
- HSBC India shall not be responsible if the payment instructions are not affected for reasons not directly attributable to HSBC India or its agents nor for any claim for consequential or punitive damages or for loss of profit. Refunds for rejected payments will be credited to the Customers Account within 5 business days.
- HSBC India or its agents retain the customary right to suspend the operations of the Bill Payment Service without notice and at their sole discretion.
Confidentiality
The Customer hereby agrees that HSBC India may need to share, store or transmit information about the Customer or any of Customer Accounts, within the HSBC Group or with any agent or third party used by HSBC India either in India or in another country/region, for the purpose of providing Bill Payment facility. Any such sharing, storage or transmission of such information will be done on a confidential basis and HSBC India will endeavor to maintain strict confidentiality of such information within the HSBC Group unless: (a) otherwise required by any applicable law, regulation or request of any public, regulatory or judicial authority; or (b) where disclosure is required for the purposes of preventing crime; or (c) HSBC India deems disclosure necessary to provide Services.
Services & Consideration
The Customer hereby provides his/her consent for the premises and covenants contained in these Terms & Conditions.
Force Majeure
Neither party (i.e. HSBC India or Customer) will be liable for any delay in performing or failure to perform any obligations hereunder due to any cause beyond its reasonable control, provided that where performance by one party is dependent upon performance by the other party and such performance is delayed or fails in such circumstances, the other party shall not be obliged to perform (or shall be given such extended time to perform as is necessary in the circumstances) such obligations.
For the purpose of this document 'force majeure' shall be deemed to be any cause affecting the performance of this Agreement arising from or attributable to acts, events, omissions or accidents beyond the reasonable control of the Participant to perform and without limiting the generality thereof shall include the following:
- strikes, lock-outs or other industrial action
- civil commotion, riot, invasion, war threat or preparation for war
- outbreak of war, rebellion, revolution, hostilities, riot, civil disturbance, acts of terrorism
- epidemic, quarantine restrictions, outbreak of debilitating disease and any travel restrictions or bans (including bans on non-essential travel) issued by the World Health Organisation or any governmental authority
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural physical disaster
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport
- political interference with the normal operations of any Participant; and any change in or introduction of any Laws and Legal Requirements
Limitation of Liability
Notwithstanding anything contrary contained herein in or any other deed, document or agreement between HSBC India and the Customer, HSBC India shall have no liability to the Customer or any other person for any consequential, compensatory, special or other damages, including without limitation damages for lost profits, or loss or damages from subsequent wrongful dishonor caused by any error, act, delay or omission by HSBC India.
Indemnity
As long as HSBC India has performed in good faith the Customer shall indemnify it and hold HSBC India harmless from time to time and at all times from any and all claims, damages, losses, liabilities, and costs or expenses (including legal fees) incurred by it, arising due to any delay or loss caused to the Customer due to dishonour of any instruments as a result of availing Bill Payment facility or due to services performed under these Terms & Conditions.
Virus Check (s)
Customer will ensure to prevent the spread of viruses by checking all magnetic tapes, diskettes, cartridges, and all computer software used for transmission of data to HSBC India. This includes running a virus check program on the computer where the transmission of data to HSBC India will be originated.
Change of Terms
- HSBC India has the sole discretion to change, add or delete these terms and conditions.
- HSBC India may modify, terminate and/or suspend Bill Payment facility to the Customer anytime with or without prior notice, due to any changes in internal policies, rules, regulations and laws set by relevant authorities/regulators.
- Any amendment of these Standard Terms & Conditions proposed by the Customer shall not be effective unless it shall be reduced to writing through an Amendment Form and accepted by HSBC India. Amendments made under this clause shall be deemed to be a part of these Terms & Conditions and in case of any contradiction the Amendment Form shall prevail.
- Changed terms and conditions will be displayed on HSBC India's Internet Banking website. By using the Bill Payment Service, the Customer will be deemed to have accepted the changed terms and conditions.
Term and Termination
These terms & conditions will continue to be in effect until terminated by either party. Either party may terminate the Bill Payment Services without affecting other Services. These terms & conditions shall remain valid until it is replaced by another set of terms & conditions or terminated by either party whichever is earlier. If the Customer suffers distress or execution or commits an act of bankruptcy or goes into liquidation or if a Court Receiver is appointed over any part of the Customer's business / property, then HSBC India shall have the right to terminate these terms & conditions forthwith by serving the Customer with a written notice to that effect.
Notwithstanding anything contained to the contrary, any rights, liabilities and obligations arising due to the acts done prior to the date of termination shall continue to be binding on the Customer and HSBC India and the Terms & Conditions shall be valid and binding to that extent.
Fees
The Customer agrees to pay applicable service charges to HSBC India for Bill payment Services, as may be agreed between HSBC India and the Customer from time to time, and all statutory dues including applicable taxes, stamp duty, etc payable in respect of these terms & conditions or any other deeds or documents to be executed in pursuance hereof shall be borne and paid solely by the Customer.
HSBC India reserves the right to charge and recover from the Customer, fees for availing the Bill Payment Service. Such fees shall be as stated in the tariff sheet on the HSBC India's website www.hsbc.co.in. The charges shall be debited to the Customer's Account. Failure to pay the charges on or before the specified date will render the Customer liable for payment of interest at such rate as may be stipulated by HSBC India and/or withdrawal of the Bill Payment Service without any notice to the Customer or liability to HSBC India. HSBC India reserves the right to amend the current tariff without any notice.
Severability
If any provision(s) of these terms & conditions shall be held to be illegal or unenforceable, the validity of the remaining portions of these Terms & Conditions shall not be affected.
Governing Law
These Terms & Conditions shall be governed by the laws of India and each of the parties hereto hereby submits to the exclusive jurisdiction of the courts at Mumbai.
Cancellation of Instruction
The Customer can request HSBC India to cancel or modify a Bill Payment anytime before the Bill Payment process date for that payment through the use of HSBC Personal Internet Banking services, recurring payments cannot be setup, modified or cancelled through Phone Banking. Any payment instructions for whatever reason after submission of the said instructions to HSBC India, it will make reasonable efforts to comply with the Customer's request. However, HSBC India shall not be liable for any failure to cancel or modify the payment instructions, if such is received at a time or under circumstances that renders it unable to comply with the Customer's request.
Right of Setoff
If HSBC India selects to execute a Customer instruction, resulting in an overdraft, it has the right to debit any of the Customer's Account(s)/fixed deposits lying with HSBC India for any amount owed to it by the Customer for such overdraft or any outstanding obligation including any service charges due from the Customer on such execution of the instruction.
