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Terms & Conditions - HSBC

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g. The Bank may, without giving notice or reason, suspend or terminate all or any of the<br />

services or their use by the Customer. Customers can request termination of the use of<br />

the Service at any time by giving us written notice. The termination will be effective when<br />

the Bank disable the Service.<br />

h. Clauses 3, 5(a), 6, 9, 10, and any other provisions of these <strong>Terms</strong> that are intended to<br />

survive, will survive the suspension or termination of the services and will remain in full<br />

force and effect.<br />

(i)<br />

The Bank shall not be under any duty to ensure punctual payment of bills by the<br />

Customer. Neither shall the Bank be under any duty to monitor payment of bills or to<br />

notify any person of the late payment of any bill.<br />

(ii) The Bank shall not be under any duty to keep records of all or any bill paid. Customers<br />

shall print out the acknowledgement page of bills paid in order to keep records.<br />

13. <strong>Terms</strong> And <strong>Conditions</strong> governing bill payment services<br />

a. The Bank may provide bill payment services to enable Customers to pay bills issued by<br />

designated merchants (the “Merchants”) to the Customer and/or to third parties (“Bill<br />

Customers”).<br />

b. The Customer Warranties and Indemnity<br />

(i)<br />

The Customer warrants that the Customer shall be responsible for punctual payment<br />

of the Customer own bills and the bills of any Bill Customer and shall pay any interest,<br />

charges and fees imposed by the relevant Merchant in connection with any late payment.<br />

(ii) Where the Customer instructs the Bank to pay any bill by debiting the Account, the<br />

Customer shall ensure that there are sufficient funds arranged and credit available in<br />

the relevant Account. The Bank shall not be liable for any consequence arising from or<br />

in connection with any instructions not carried out by the Bank due to insufficiency of<br />

funds and/or credit facilities. The Bank may, however at our sole discretion carry out any<br />

instructions notwithstanding such insufficiency without prior approval from or notice to<br />

the Customer and the Customer shall be fully responsible for any overdraft, advance or<br />

debit created as a result.<br />

(iii) The Customer shall at all times indemnify the Bank and our officers and employees,<br />

against all liabilities, claims, actions, proceedings, demands, losses, damages, costs,<br />

charges and expenses arising out of or in connection with the breach of any of the<br />

warranties given by the Customer to the Bank in connection with the Bill Payment<br />

services.<br />

(iv) Persistently send messages without cause or cause threat, harassment, embarrassment,<br />

inconvenience;<br />

c. Complaints concerning Bills Payments and Merchants<br />

The Customer shall resolve directly with the relevant Merchant and, where applicable,<br />

the relevant Bill Provider any query, complaint or dispute in connection with a bill<br />

payment made to that Merchant or in connection with that Merchant’s website and/<br />

or other services, or issues relating to refunds claimed by the Customer or due by the<br />

Merchant to the Customer. The Bank shall not be under any duty to assist in resolving<br />

any dispute including, without limitation, disputes concerning late payment of any bill<br />

and/or any interest, charges and fees imposed by the relevant Merchant.<br />

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