These terms and conditions govern the use of Bank's Bill Payment service to enable customers to pay their utility bills through 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, Queen's Road Central, Hong Kong and having its India Corporate office at 52/60 Mahatma Gandhi Road, Fort, Mumbai 400 001
Bank Account means a savings/current account with the Bank.
Customer means an individual having a banking or credit card relationship with the Bank.
BUSINESS DAY means any day, except Sunday or public holiday on which Bank is open for normal banking business during normal banking hours in India.
Biller means service provider for which the customer has registered with the Bank to make the bill payment.
Bill Payment Service means facility or agreement through which the Customer instructs the Bank to directly make the payment to his service provider for Utility bills / Telephone Bills / Insurance policies / Electricity bills.
Internet Banking facility means service offered by the Bank through which a registered Customer may conduct enquiries or perform transactions on the Banks website www.hsbc.co.in
Phone Banking means service offered by the Bank through which Customer / potential Customer may conduct enquiries or perform transactions through our 24*7 customer service contact numbers over the telephone.
General Terms
Scope of Services:
By registering for Bill Payment Service, the Customer authorizes the Bank and its agents to follow the payment instructions he has given using his Internet Banking/Phone Banking facility. The Customer will provide the Bank 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 the Bank engages third party agent(s) to provide the Bill Payment Service.
When the Customer registers for a Biller on the Bill Payment Service, he will be able to make payments to such Billers also through Phone Banking. Conversely, when the Customer registers a Biller for Phone banking, he will also be able to make payments to such Billers through Internet Banking. Registration for the Bill Payment Service is not immediate and the time taken for registration varies from Biller to Biller.
By registering for Biller(s) through the Bill Payment Service on Internet Banking and Phone Banking, the Customer agrees that the Bank is authorized to accept the Customer's instructions to make payment over Phone Banking and/or Internet Banking from his accounts linked to his PBN (personal banking number) / Internet Banking ID, only up to a total of Rs. 250,000 per day (from 00:01 hours to 24:00 hours Indian Standard Time). For Phone Banking, this limit will be reduced by any transfer payments to pre-designated payees initiated by the customer during the day (from 00:01 hours to 24:00 hours Indian Standard Time).
When the Customer initiates a Bill Payment, he authorizes the Bank to debit his Bank Account on a Business Day and to remit funds to the Biller on his behalf electronically. If the Biller does not permit or accept electronic payments, then those funds will be remitted to the Biller through the use of a manual cheque.
Payments made by the Customer before 5:00 p.m. Indian Standard Time, Monday to Saturday inclusive (excluding Bank holidays), will be received by the Biller on the 3rd Business Day after the date of payment. Payments made by the Customer after 5:00 p.m. Indian Standard Time will be deemed to have been made on the next business day.
Customer may use the Bill Payment Service from Internet Banking to authorize automatic recurring payments of recurring bills on certain pre-specified dates. These payments will be deemed to be made on the next Business Day if the specified payment day falls on a weekend or holiday. Recurring payments cannot be setup from Phone Banking.
If the Customer chooses to debit his Credit Card Account for payment of bills he will not be able to use the recurring Bill Payment Facility.
The Bank 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 making a pin verified call at the HSBC Phone Banking or sending a secured message through HSBC on-line 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 through online@hsbc.
The Bank 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 Bank 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 credit card and the attempt to debit his credit 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 Bank Account are under any attachment, lien or charge.
The name of Biller and/or details required by the Biller for effecting the payment are not correctly provided by the customer.
Due to refusal of the Biller to receive the payment for any reason whatsoever.
The Bank shall not be responsible if the payment instructions are not affected for reasons not directly attributable to the Bank 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 Bank Account within 5 business days.
The Bank 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 the Bank 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 either in India or in another country, 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 the Bank 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 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
The Bank will not be responsible for non-performance or delay in the performance of Bill Payment facility that is caused by circumstances beyond its control. Circumstances beyond the Bank's control include, but are not limited to, fires, casualty, breakdown in equipment, communication line failure, power failure, lockout, strike, unavoidable accident, act of God, terrorism or threat of terrorism, riot, war or other enactment, issuance or operation of any adverse governmental law, ruling, regulation, order or decree, or emergency that prevents the Bank from operating normally.
Limitation of Liability
Notwithstanding anything contrary contained herein in or any other deed, document or agreement between the Bank and the Customer, the Bank 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 the Bank.
Indemnity
As long as the Bank has performed in good faith the Customer shall indemnify the Bank and hold the Bank 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 the Bank, 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 the Bank. This includes running a virus check program on the computer where the transmission of data to the Bank will be originated.
Change of Terms
The Bank has the sole discretion to change, add or delete these terms and conditions.
The Bank 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 a Amendment Form and accepted by the Bank. 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 the Bank'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 the Bank 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 the Bank and the Terms & Conditions shall be valid and binding to that extent.
Fees
The Customer agrees to pay applicable service charges to the Bank for Bill payment Services, as may be agreed between Bank and the Customer from time to time, and all statutory dues including service tax (any cess thereon), 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.
The Bank 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 Bank's website. The Charges shall be debited to the Customer's Bank 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 the Bank and/or withdrawal of the Bill Payment Service without any notice to the Customer or liability to the Bank. The Bank 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 requests the Bank to cancel or modify a Bill Payment anytime before the Bill Payment Process date for that payment through the use of 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 the Bank, the Bank will make reasonable efforts to comply with the Customer's request. However, the Bank 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 the Bank unable to comply with the Customer's request.
Right of Setoff
If the Bank selects to execute a Customer instruction, resulting in an overdraft, the Bank has the right to debit any of the Customer's Bank Account(s)/fixed deposits lying with the Bank 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.
Account to Credit Card Payment Terms and Conditions
'Account to Credit Card Payment' refers to a facility to transfer funds online from a HSBC savings / current account to any domestic VISA Credit Card through the 'Account to Credit Card Payment' service operated through the VISA system. 'Accountholder' refers to the customer holding the HSBC savings or current account. 'Online@hsbc' refers to the Internet Banking facility provided by HSBC. 'Card' refers to a Credit Card. 'Recipient VISA Card' refers to the VISA Credit Card to which funds are transferred to, using the Account to Credit Card Payment facility.
Account to Credit Card Payment facility is not available for payment by debiting an HSBC Credit card account.
The Account to Credit Card Payment facility shall be provided at the Accountholder's request. A transaction fee, as communicated by the bank, from time to time, shall be applicable on each such transfer request. Currently, as part of an introductory offer, a "zero fee" is applicable till further notice.
The maximum amount that may be transferred from a savings/current account per day using the Account to Credit Card Payment facility shall be Rs. 250,000. The maximum amount that may be transferred to a recipient VISA card per day shall be Rs. 50,000.
Before initiating Account to Credit Card Payment instructions, on a one-time basis, the Accountholder should register each Recipient VISA Card on online@hsbc, through the "Add Biller/Recipient VISA Card" screen. The Accountholder shall provide all information as required on the said screen, including, Recipient Name, Recipient VISA Card Number etc, in the absence of which, HSBC will be unable to process the registration request. Upon receipt of the request, HSBC will activate the Recipient VISA card within 1 working day.
Only transfers to VISA Cards are permitted using the Card-to-Card Transfer facility. If the Accountholder requests for transfer of funds to a non-VISA Card, HSBC shall not be liable for failure in execution of the transfer instruction.
Only transfers to VISA Cards issued in India are permitted using the Account to Credit Card Payment facility. The Accountholder shall be responsible to ensure that the Account to 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.
Once the Recipient VISA Card is activated on online@hsbc, the Accountholder may use the "Pay a Bill / Transfer to VISA Card" screen on online@hsbc to effect a Account to Credit Card Payment by specifying the debit account number, the transfer amount, the date and frequency of transfer(s). The authorisation to debit the Accountholder's current/savings account indicated, shall include authorization to debit charges, if any, applicable on Account to Credit Card Payments as per prevailing tariff.
The Account to Credit Card Payment shall be made to the Card number provided by the Accountholder. The Accountholder shall be responsible for providing the correct Recipient Card number. While HSBC may at its discretion obtain certain other details of the Recipient like Name, Address, Recipient's Bank name etc., HSBC shall not be liable to verify or authenticate the information so obtained. The Bank 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 Card number, the Bank shall neither be responsible for such transfer nor shall the bank be liable to reverse the transaction.
Upon receipt of the Account to Credit Card Payment instruction, HSBC shall debit the account indicated by the Accountholder on the same working day (in case of receipt of instructions on a non-working day, the debit shall be effected on the next working day). All Account to Credit Card Payment instructions received by 5 pm on any working day shall be transmitted to VISA by the next working day.
HSBC shall not be responsible for the time taken by the Recipient's bank to credit the proceeds to the Recipient's Card.
HSBC does not accept any liability for:
Account to Credit Card Payment transactions carried out in good faith, relying on Accountholder's instructions.
Not carrying out Account to Credit Card Payment instructions where the Bank has reason to believe in its sole judgment that the instructions received are not genuine or are otherwise unclear, improper, vague, or doubtful based on an internal review process. In such a case, HSBC does not accept responsibility for any delay in execution of the Accountholder's request on account of such a review or non-execution of the Accountholder's request as a result of such a review.
The performance of VISA or any other entity involved in the process and for any loss or damage incurred or suffered by the Accountholder or any other person for any error, defect, failure or interruption of Account to Credit Card Payment service or consequences arising out of delayed payments.
HSBC may also make additions/deletions to the services offered, at its sole discretion. HSBC reserves the right to withdraw the service at any time at its discretion. The availability/ non-availability of the service shall be informed to the Accountholder through email or published on the Bank's web site or by written communication. HSBC retains the right to change the terms and conditions for Account to Credit Card Payments, without any prior notice. Usage of any service within online@hsbc shall also be subject to the Internet Banking Terms and Conditions.
The accountholder, upon opting for the Account to Credit Card Payment facility, shall be deemed to have read, understood and accepted these Terms & Conditions.
