Advance Tnc77
Advance Tnc77
Advance Tnc77
1. The Terms and Conditions set forth herein govern all transactions between HSBC Bank Egypt S.A.E. (the Bank, which expression shall include its successors and assigns) and
the person or persons signing the Advance Account Opening Form (the Customer). Signature by the Customer on the Advance Account Opening Form shall constitute acceptance
of the Terms and Conditions herein, as amended from time to time. These General Terms and Conditions are applicable to each and every account held by the Customer
irrespective of any special conditions agreed by the Customer in relation to any individual accounts. The customer acknowledges having reviewed the Advance Terms and
Conditions.
2- The Customer hereby declares that he/she/it is the sole account holder and the sole beneficiary of such an account and that he/she/it shall not deposit or accept the deposit of
any funds coming from unknown, suspicious or illegitimate source. The Customer is committed to inform the Bank about any of such deposits and will not dispose of those funds.
Furthermore, he/she/it undertakes to provide the Bank every three years at the latest with all his/her/its personal data/information similar to which was required at the time of
opening the account and/or any data/information that the Bank might request at any point of time and periodically continue providing such data on a regular basis.
3. The Customer shall not allow any account to become overdrawn except with the prior written approval of the Bank. Without prejudice to the foregoing, the Customer shall pay
interest on any overdraft at the rate or rates determined by the Bank from time to time calculated on the daily debit balance on any overdrawn account.
Interest shall be debited to the account at the end of each month or at such other intervals as the Bank may decide from time to time. The Customer shall repay any overdraft
together with all interest and other charges immediately upon demand by the Bank.
4. For Current Accounts, the Bank may at its discretion provide the Customer with a cheque book. Cheque books will be couriered to the Customer or held at the Customers branch
for collection. The Customer shall exercise due care when drawing any cheque and shall be bound by the conditions as may be amended from time to time, printed on the inside
front cover of the cheque book. The Bank shall not be held liable for inadvertence or oversight in the payment of a future value dated cheque or its failure to act on a Stop Payment
Order. If within a twelve month period the number of cheques returned equals/exceeds the limit set by the Bank from time to time, the Bank will close the account and collect from
the Customer any unissued cheques. The Bank has the right to destroy a cheque book if it was not collected by the Customer after 30 days of the issuance date. Moreover, the
customer shall incur all expenses in relation thereto.
5. The Bank will periodically send the Customer a statement in respect of the Account - quarterly for Current Accounts and Statement Savings Accounts unless otherwise agreed
with the Customer without breaching respective legal requirements. Statements will be mailed through normal or electronic mail. It is the responsibility of the Customer to check the
accuracy of the statement and notify the Bank of any errors therein within 15 days of the issuance date of such statement. No claim whatsoever, about the incorrectness of any entry
in the statement shall be entertained after this 15 days period. The Bank shall not be held liable for any other claim which may arise from this service to the Customer where the
customer is responsible to prove otherwise. Unless the customer notifies the Bank in writing within 15 days of the issuance date of the statement, such statements shall be deemed
to have been received. Moreover, this shall be considered as a declaration by the Customer that all related statement(s) of account have been reviewed and accepted without
contestation.
6. The Bank shall be entitled without reference to the Customer to debit the Account in respect of all expenses, taxes, duties and any charges contained in any relevant tariff or
agreement including without limitation, all charges for dishonored cheques, stopped cheques and interest on any debit balance (whether authorised or not). The Bank reserves the
right to levy a service charge if any qualifying Balances on any account fall below the required minimum during a calendar month, as determined by the Bank from time to time.
7. Deposits and withdrawals may be made at any branch of the Bank in Egypt subject to production of satisfactory evidence of identity or at any on-site or off-site Automated Teller
Machine (ATM) of the Bank by use of the Banks Debit Card subject to availability of the deposit option on a particular Automated Teller Machine.
8. For Savings Accounts, the account holder must be present in person to make cash withdrawals and must give his instructions on the printed form supplied by the Bank. No
withdrawals may be made by cheque or other instruments except for withdrawals made by using the Debit Card. The Bank recognizes no owner of a deposit other than the person /
persons in whose name / names the account have been opened. The funds in a Savings Account are not assignable by any process whatsoever.
9. The Customer accepts all costs, expenses and risks whatsoever in connection with any account denominated in a foreign currency including without limitation, any legal or
regulatory restrictions, international or domestic, affecting the Bank and the Bank shall not be liable for any loss or delay pursuant thereto.
Withdrawals in foreign currency notes shall be subject to their availability at the Banks branch. The Bank reserves its right to charge the Customer commission on cash deposits or
withdrawals to/from foreign currency accounts if such deposits or withdrawals are in the same currency as the account. Conversion from one currency to another shall be at the
Banks rate of exchange as determined by the Bank from time to time.
10. The Bank is authorised to debit and charge to the account all cheques, orders and payments (other than orders and payments governed by Clause 17 of the section headed
Electronic Banking) duly signed in accordance with the current signing authority or authorities provided to the Bank by the Customer whether or not such account is in credit and
whether or not such account is or may become overdrawn or an existing overdraft in the account is increased as a consequence thereof, without prejudice to the Banks right to
refuse to extend such overdraft to the Customer.
11. All exchange operations and sales or purchase of securities undertaken by the Bank on behalf of the Customer shall be at the risk and expense of the Customer.
12. Acting only as the Customers collection agent, the Bank may agree to accept, but without assuming any responsibility for their realisation, cheques, bank drafts, and other
similar payment instruments of deposit, provided they are made out in favor of the Customer or endorsed to their order. For this purpose, the Banks offices, correspondents or other
agents appointed by the Bank shall be deemed to be the Customers agents.
13. The Bank or its agents shall not be held liable for the loss, mutilation or dishonor of a cheque or other instrument or for failure to credit, late presentation, granting time, any
delay in crediting the account or non payment and return of cheques or other instruments. Proceeds of cheques or other instruments shall not be available for withdrawals until
collected by the Bank. The Bank reserves the right to debit any account or demand payment from the Customer for any amounts exceptionally credited or credited subject to
confirmation and realisation, which are subsequently unpaid.
14. The Bank shall not be liable or responsible for failure to give notice of non payment or dishonor of any cheque, or for any claims, losses or expenses which may arise as a result
of returning a dishonored cheque, whether by ordinary or registered mail or any other means. The Bank reserves the right to debit the account with the amount of any cheque which
was drawn or endorsed in favor of the Customer (whether or not the cheque is drawn on the Bank, its branches, affiliates or subsidiaries) that has been credited to the account and
is subsequently unpaid, whether or not the cheque itself can be returned.
15. The rate of interest payable on Saving Certificates, Call Deposit and Savings Accounts and/or any other form of interest bearing account(s) that the Bank may offer from time to
time, shall be available at the Banks branches and shall be subject to change without notice. The Customer shall retain the amounts of Saving Certificates with the Bank until the
maturity of individual certificate. The premature withdrawal of a Saving Certificate shall render the Deposit subject to a lower rate of interest and a fixed premature withdrawal
charge. Interest on Savings Accounts is calculated on the least available balance at the end of the month and shall be credited to the account every Three months (January, April,
July & October) in arrears. Interest on Call Deposits is calculated on the daily cleared balance and shall be credited to the account every month in arrears. And the Bank reserves its
right not to credit any returns on the deposits before maturity.
16. In respect of joint Accounts, the liability of each such person identified as one of the account holders shall be joint and several and every agreement and undertaking herein shall
be construed accordingly and the liability of any one such person hereunder to the Bank shall not be discharged or affected in any way (a) by reason of invalidity, voidability or
unenforceability as regards any other such person or any security which the Bank may hold in respect of the account or any part thereof or (b) by the Banks releasing, discharging,
compounding with or varying the liability hereunder of, or making any other arrangement with, any other such person.
17. The Bank may at any time liquidate any investments and apply any credit balance to which the Customer is entitled on any account with the Bank in satisfaction of any
indebtedness of the Customer at any time to the Bank and all accounts of the Customer with any branch of the Bank (including any indebtedness of the Customer which has been
assigned to the Bank by another member of the HSBC Group) shall be treated as one combined account, for this purpose. The Bank is authorised to purchase with the monies
standing to the credit of any such account such other currencies as may be necessary to effect such application.
18. All securities, bills, credit balances, deposits and bank notes in any currency, documents, gold or other property of any nature, which are held in the name of the Customer by
the Bank, in any of its branches, or which
may come into the possession of the Bank, shall be so held as security for the payment of any amount due to the Bank together with all interest and other charges arising under the
account or otherwise. The Bank shall have the first right to set off or block such security against the Customers indebtedness, of whatever nature. The Customer waives the right to
interpose any counter-claim or set-off a litigation of any nature or description between the Bank and the Customer.
19. In the event of death, incapacity, dissolution, insolvency or bankruptcy (or other analogous event or proceedings) of the Customer (or in the case of a joint account any person
identified as one of the account holders) the Bank shall not be liable for any loss pursuant to such which may arise from any dealings on the account unless and until the Bank has
received written notice of the same together with satisfactory documentary evidence as determined by the Bank. In such circumstances, the Bank shall suspend all dealing on the
account until a duly appointed person has, in the opinion of the Bank, been suitably and legally empowered to deal with the account.
20. The Bank shall not be liable to the Customer for any loss, damage or delay attributable in whole or part to action by any government or government agency or other force
majeure including, without limitation, strikes, industrial action, equipment failure or interruption of power supplies provided that the Bank shall endeavor to give notice generally to its
customers of any anticipated delays by notice in its branches.
21. These Terms and Conditions create legally binding obligations on the Customer that do not contravene other contractual or legal obligations of the Customer.
22. No failure by the Bank to exercise, nor any delay by the Bank in exercising any rights or remedy shall operate as a waiver thereof, nor shall any single or partial exercise of any
right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy. The rights and remedies herein provided are cumulative and not exclusive
of any rights or remedies provided by law.
23. Each of the provisions herein are severable and distinct from the others and, if one or more of such provisions is or becomes illegal, invalid or unenforceable, the remaining
provisions shall not be affected in any way.
24. The Customer may close the account by giving prior notice at any time to the Bank after payment of all monies due to the Bank at the time of such closing of the account. The
Bank may close, freeze or suspend dealings on the account after deduction of all monies due to the Bank at the time of such closing of the account and cease the acceptance of
funds for the credit of the account, without prior notice to the Customer and without giving any reason and without breach of duty to the Customer either at the Banks own instance
or at the instance of any court or administrative order.
25. Any demand or communication made by the Bank shall be through recorded telephone calls or sent via e-mail or in writing and made at the correspondence address of the
Customer indicated in the Account Opening Form (or such other address as the Customer shall notify to the Bank in writing or through recorded telephone calls from time to time)
and shall be deemed to have been served on the date of posting or receipt of the call.
The Customer shall advise the Bank without delay of any change in address mentioned in the documents submitted to the Bank.
26. These Terms and Conditions shall be governed by and construed in accordance with the Egyptian Law. Any claim or dispute, arising from the relationship between the Bank and
its Customer or otherwise shall be subject to the jurisdiction of the civil courts of Egypt in which the branch is situated, but without prejudice to the Banks general right to take
proceedings, where necessary, in any court whatsoever.
27. The Customer hereby authorises the Bank to respond, at its sole discretion, to any and all enquiries received from any other bankers (including, without limitation, bank
references), concerning any and all accounts of the Customer with the Bank, without reference to the Customer. The Customer further authorises the Bank to disclose any
information regarding the aforementioned accounts to other members, associates or agents of the HSBC Group.
28. The Customer acknowledges that it is not allowed that he/she/it issues payment orders or any other payment or transfer instructions....etc by the debit of his/her/ its account in
favor of a third party without the use of the official bank forms or modes that have been made available by the bank for this purpose.
29. If a Current / Savings account remains without any withdrawal transactions for 12 months, the account shall be considered as dormant, which may require the physical presence
at any of the Banks branches to reactivate the account.
12. Cash withdrawals performed in countries other than that in which the Debit Card was issued will be subject to a cash withdrawal fee as may be announced from time to time by
the Bank.
13. The Customer shall not disclose the PIN to any other person without the prior written consent of the Bank.
14. The Customer shall not be entitled to overdraw the account with the Bank or to withdraw / transfer funds by use of the Debit Card / Personal Internet Banking Service in excess
of any overdraft limit agreed with the Bank.
15. The Bank shall not be responsible for any loss or damage arising directly or indirectly from any malfunction / failure of the Debit Card arising out of the Customers mistake, the
temporary insufficiency of funds in such machines or otherwise howsoever.
16. The Bank shall not be liable for any loss however caused due to the unavailability of the Personal Internet Banking Service.
17. Any cheque(s) deposited shall be accepted for collection and the proceeds shall not be available to the Customer until the cheque(s) has / have been cleared, the proceeds paid
to the Bank by the paying bank and credited to the Customers account.
18. In the case of a joint account, each customer shall be jointly and severally responsible for all transactions processed by the use of the Debit Card(s) issued to one or more of
them, notwithstanding any stipulation, which may have been made in the account opening mandate completed by them, requiring all parties to the account to sign.
19. The Bank shall be entitled to immediate return of the Debit Card in the event of the Customers death, bankruptcy, liquidation or closure of the account.
20. No Personal Internet Banking Services shall be available in relation to any account where more than a single signatory is required.
Advance Declaration
The Customer hereby agrees to bear all service charges that might occur on the Customers Advance Account, such charges are clearly defined in the Advance tariff of charges,
which the Customer has reviewed, read and agreed upon. The Customer further agrees on any changes that might apply to the service charges at the sole discretion of the Bank
from time to time. The Customer further agrees and declares that in case a Personal Finance is granted, the Customer will maintain the Advance account until the full settlement of
the finance amount. Otherwise, the Bank will have the full right to request the difference between the normal interest rate/commission and the discounted interest rate / commission
offered to Advance Customers that the Customer declares to pay upon the Banks first demand.
Standing Instructions
1. The Customer shall ensure sufficient funds are retained in the account to enable the Bank to meet any standing instruction on the account on the due date.
2. The Bank reserves the right to determine the priority of any standing instruction against cheques presented or any other existing arrangements made with the Bank.
3. If any standing instruction is inactive for three consecutive months or is rejected for insufficient funds in the account, the Bank may terminate the standing instruction without any
advice to the Customer.
4. The Bank may terminate any standing instruction as to future payments at any time after being advised by the beneficiary / beneficiaries of that standing instruction that no further
payment is required.
5. A nominal charge will be levied for the initial setting up or amendment of a standing instruction. This charge does not include the incidental postage, stamp duty and/or telex
charges which may also be applicable as per the Banks Standard Tariff of Charges in force from time to time.
The Bank may also at its discretion levy a charge on each standing instruction payment not effected for lack of funds.
6. If the account has insufficient funds the Bank is not obliged to advise the Customer. It may nevertheless exercise its discretion to remit payment under the standing instruction in
which case the Customer must cover the overdraft immediately or in the alternative, may or may not choose to execute the standing instruction at a later date.
7. Any amendments or cancellations will not be effective unless received by the Bank at least one week before the next activation of the standing instruction.
8. Neither the Bank nor its branches, correspondents or agents, are responsible for any loss, delay, error or omission arising out of any mode of communication used for effecting
transfers under standing instructions.
9. Amounts paid by the Bank in respect of variable payments reflect the amount recorded by the Bank computer system as having been entered by the Customer, subject to the
maximum limit in force at the time.
9. On-line Cashier Orders / Demand Drafts which are not received by the customer/authorized delegate after one month from its issuing date, will be cancelled and the amount will
be refunded to the customer's account.
General
1. The Bank reserves the right to vary any of these Terms and Conditions. Customers will be notified of changes by mail or by display at the Banks branches or the Banks website.
Use of the Debit Card / Telephone Banking Service / Personal Internet Banking Service after the date upon which any changes to these Terms and Conditions is to have effect (as
specified in the Banks notice) will constitute acceptance without reservation by the Customer of such change provided that the Customer shall have been notified thereof before
such use. Any notice hereunder sent by post will be deemed to have been received by the Customer within 7 days of posting to the address last notified in writing to the Bank by the
Customer. Publication of change by such means as the Bank may consider appropriate will constitute effective notice to the Customer.
2. The Customer irrevocably agrees that the Bank may at its absolute discretion:
(a) Transfer, assign or sell in any manner, in whole or in part, any debt owed by the Customer to the Bank to another entity, whether another member of the HSBC Group or
otherwise and whether or not in the same jurisdiction.
(b) Appoint another member of the HSBC Group of Companies to act as agent for the purposes of collecting any debt owed by the Customer to the Bank including appointing debt
collection agents and the Customer agrees to pay all costs incurred in such recovery including the costs of the collection agents.
(c) For any purpose (including for the purpose of fraud prevention, audit, the provision of services by any third party, debt collection, or if required by any competent government or
regulatory body) share any information, details or data relating to the Customer or the Customers transactions with any member or associate member of the HSBC Group of
Companies or debt collection agent.
(d) The Customer irrevocably agrees that the Bank may transfer or sub-contract the provision of any part of the services provided to the Customer to any third party including to
another member of the HSBC Group whether or not that third party operates in another jurisdiction or territory. The Bank shall remain liable to the Customer for any recoverable loss
or damage incurred or suffered by the Customer as a result of the negligence, breach or default of any such third party, and will require that any such third party maintain the
confidentiality of any such information to the same extent as the Bank.
3. Information about customers may be processed offshore, in the United Kingdom or elsewhere.
4. These Terms and Conditions shall be governed by and construed in accordance with the laws for the time being in force or which shall be in force in the future in the Arab
Republic of Egypt.
5. Customers wishing to complain about the standard of service provided by the Bank or about a possible Bank mistake should notify the Bank as soon as possible. The Bank will
investigate the complaint and where appropriate, take steps to remedy the situation and prevent a recurrence. Complaints should be addressed to the manager of the Customers
branch, or the manager of the department in question, the Banks Call Centre or through the Banks website.
6. The Bank and other members of the HSBC Group are required to act in accordance with the laws and regulations operating in various jurisdictions which relate to the prevention
of money laundering, terrorist financing and the provision of financial and other services to any persons or entities which may be subject sanctions. The Bank may take, and may
instruct other members of the HSBC Group to take, any action which it, in its sole and absolute discretion, considers appropriate to act in accordance with all such laws and
regulations. Such action may include but is not limited to: the interception and investigation of any payment messages and other information or communications sent to or by the
Customer or on its behalf via the Bank's systems or any other member of the HSBC Group's systems; and making further enquiries as to whether a name which might refer to a
sanctioned person or entity actually refers to that person or entity.
Neither the Bank nor any member of the HSBC Group will be liable for loss (whether direct or consequential and including, without limitation, loss of profit or interest) or damage
suffered by any party arising out of:
(a) Any delay or failure by the Bank or any member of the HSBC Group in performing any of its duties under the Account Terms or other obligations caused in whole or in part by
any steps which the Bank, in its sole and absolute discretion, considers appropriate to act in accordance with all such laws and regulations.
(b) The exercise of any of the Bank's rights under this clause. In certain circumstances, the action which the Bank may take may prevent or cause a delay in the processing of
certain information. Therefore, neither the Bank nor any member of the HSBC Group warrants that any information on the Bank's systems relating to any payment messages and
communications which are the subject of any action taken pursuant to this clause is accurate, current or up-to-date at the time it is accessed, whilst such action is being taken.
Subject to the overriding requirements of any applicable laws and regulations, the Bank will endeavor to notify the Customer of the existence of such circumstances as soon as is
reasonably practicable.
13. You will be responsible for all losses (i) if you act fraudulently, (ii) if you act without reasonable care (which includes not complying with clause 5) (iii) for
any unauthorised transactions before you report the loss or theft of your Card to us. You will not be responsible for any losses if someone else uses your
Debit Card before you receive it from the bank.
Our Liability for unauthorised transactions
14. We will be responsible for any money lost due to an unauthorised transaction after you have reported the loss or theft of your Card to us.
Returning your Card and suspending its use
Returning your Card and suspending its use
15. You can return your Card to us at any time, but it must be cut into at least two pieces across the magnetic stripe and chip.
16. We may ask you to return your Card to us or suspend its use at any time but we will normally give you prior notice unless we have a reason for not doing so, including but not
limited to if we consider that your Card or account has been or is likely to be misused or if the Card has not been used by you for a considerable amount of time.
Self-service machines (ATM)
17. All Cards can be used in our ATMs in Egypt. Cash withdrawals in Egypt shall be deducted from your account on the same day and subject to a daily limit as advised by us from
time to time.
18. You will have to enter your PIN in order to use ATMs.
19. Wrong entry of your PIN leading to retaining your Card shall not constitute any liability on the Bank.
20. We may change the availability of our ATMs at any time without notice.
21. We may allow you to use your Card in ATMs in Egypt and abroad operated by other financial institutions if such machines display the VISA logo.
22. If financial institutions charge for your use of their ATMs, such charges will be payable by you.
23. We will not be responsible if you cannot use your Card in an ATM operated by another financial institution.
24. For cash withdrawals at ATMs outside of Egypt, (in which case the self-service machine operator will be acting as principal in its own right and not as our agent), we will convert
the amount of any cash withdrawal made in a currency other than Egyptian Pound into Egyptian Pound at our applicable exchange rate on the day we receive details of the
withdrawal. We will deduct the amount of such withdrawals and any charges from your account.
25. If you use our ATM to transfer funds from your account to any other account, it is your responsibility to input the correct account number and we are not liable if funds are
transferred to an incorrect account due to your error.
Purchases and Services payments using your Debit Card
26. You can pay for goods and services using your Debit Card in Egypt and abroad at retailers who display a VISA logo.
27. You will usually be asked to enter your PIN into a secure PIN pad at the premises of a retailer or other supplier.
Alternatively, you may be asked to sign a sales voucher showing the details of your Debit Card.
28. We will not be responsible if a retailer or other supplier refuses to accept your Card, or if you cannot use your Debit Card to make a payment.
29. We will normally debit from your account the amount of any payment made in Egypt within three working days following the transaction.
30. We will convert the amount of any payment made in a currency other than Egyptian Pound into Egyptian Pound at our applicable exchange rate on the day we receive details of
the payment, and deduct the amount and related charges from your account.
31. You cannot stop a Debit Card payment, but a retailer or supplier may make a refund. We shall credit your account when we receive their instructions, but are not responsible for
any delay.
32. We may refuse to make or authorise a payment if there are insufficient funds in your account or payment would exceed your available overdraft limit.
33. We may refuse to authorise a payment if we consider that your Card or account has been or is likely to be misused, or for fraud prevention purposes. For decision making and
Card-misuse prevention purposes, we may refer an authorisation request back to the retailer for further information. This may result in you being asked to produce further
identification. This may also be done on a random basis for fraud prevention purposes.
34. Cardholders confirm by signing the Terms & Conditions of being notified with all account charges.
Note: Please note that HSBC Bank Egypt shall never ask you for your ID, Password, and PIN (Personal Identification Number) or any other personal security details via Email or
any other channels.
Credit Cards
c) The Cardholder shall not be entitled to overdraw the Nominated Account or Card Account with the Bank.
d) The Bank shall not be responsible for any loss or damage arising directly or indirectly from any malfunction/failure of the Card or ATM arising out of the Cardholders mistake, the
temporary insufficiency of funds in such machines or otherwise howsoever.
e) Any cheque deposited at an ATM shall only be credited to the Nominated Account or Card Account after clearing by the Bank (which shall be conclusive and binding as against
the Cardholder) and any statement issued on making a deposit shall only represent what the Cardholder purports to have deposited and shall in no way holds the Bank liable.
f) Any cash deposit at an ATM shall only be regarded as having been received by the Bank upon verification and crediting the same to the Nominated Account or Card Account
within 3 working days.
2.5 The Cardholder and/or a Supplementary Cardholder must notify the Banks Card Services Department in writing as soon as possible of any changes in the Cardholders and/or
the Supplementary Cardholders employment/ office/ home address and/or telephone numbers. The written notice should be hand delivered at the Banks address stated above.
Any notice dispatched by the Bank to the Cardholder at its latest known address is deemed to be correct, delivered and enforceable.
2.6 The Bank shall not be liable for the refusal of any merchant establishment to accept or honor the Card, nor shall the Bank be responsible in any way for the goods or services
rendered or provided to the Cardholder. Any complaint by a Cardholder may be resolved by the Cardholder with the merchant establishment. The Bank shall have no responsibility
in this respect. No claim by the Cardholder against the merchant establishment may be the subject of a claim against the Bank. The Bank will credit the Cardholders Card Account
with the amount of any refund only upon receipt of a properly issued credit voucher from the merchant establishment.
2.7 The Bank reserves the right to debit the Cardholders Accounts without referral in case that any amount is found credited by mistake.
2.8 The Cardholder will be covered for personal insurance in accordance with the rules, terms and conditions and the exclusions of the insurance policy provided by the Bank.
Please refer to the website www.hsbc.com.eg for the same. The Cardholder specifically acknowledges that the insurance Company will be solely liable in case of decease,
permanent total disability, injury and will not hold the Bank liable whether for compensation, claims or otherwise in any manner whatsoever to that respect.
2.9 Subject to the relevant policy terms, the Cardholder will be entitled to the benefit of any insurance policies which the Bank may from time to time enter into for the benefit of
Cardholders. The Bank may vary, suspend or withdraw such benefit at its discretion and the Insurer providing any policy will be solely liable and responsible for the processing and
payment of any claims.
2.10 The Cardholder shall not be entitled to the benefit of any Insurance while in breach of any part of these Terms & Conditions, nor in respect of any claim received by the Bank
after the cancellation of the Card.
2.11 HSBC Credit Cards are issued for the personal use only. The Bank will have the right at its sole discretion to stop the Card if:
a) payments were performed by money transfers and/or cash deposits to the Credit Card account by any means with the purpose of increasing the available Card limit and the
usage of all the Credit Limit or part of it in purchase transactions and cash advances was in an abnormal pattern.
b) the usage of the Card in any unlawful purposes including purchases of goods and services prohibited by the law in Egypt.
3. Unauthorised Transactions
3.1 The loss or theft of a Card must be reported to the Bank at the address stated herein immediately upon discovery and also confirmed in writing immediately with details of the
Cardholders name and Card number. A Police report must also be made of the lost/stolen Card and a copy should be submitted to the Bank. The Cardholder will be responsible for
any unauthorised card transactions effected before notice of the loss or theft has been received by the Bank Card Services department.
3.2 After receipt by the Bank of a written notification of loss or theft of the Card, the Cardholder shall have no further liability provided that the Cardholder has acted in good faith and
with all reasonable care and diligence in safeguarding the Card and in promptly reporting its loss to the Bank. The decision as to the bonafides of the Cardholder in this regard will
rest with the Bank and the Bank reserves the right to cancel the Card and/or any Supplementary Card(s). In case the Cardholder recovers the Card, he/she must report the matter to
the Bank and the Police and immediately to hand over the recovered Card to the Banks Card Services Department, for destruction, after which the Cardholder must not make any
attempt to use the Card.
3.3 Notwithstanding anything to the contrary herein contained, the Cardholder will be liable for all losses to the Bank arising from the use of the Card by any person obtaining
possession of it with the Cardholders consent.
3.4 The Bank may at its absolute discretion approve to issue a replacement Card for any lost or stolen Card which shall be issued according the same Terms and Conditions as the
original Card or as may be amended from time to time. The Bank reserves the right to charge a replacement/handling fee to the Cardholders Card Account at a rate to be
determined by the Bank and notified to the Cardholder.
4. Credit Limit
4.1 The Bank will assign a credit limit to the Card Account which must not be exceeded without prior agreement.
4.2 If a Cardholder exceeds the assigned credit limit without prior agreement the Bank may at its discretion cancel the Card immediately without notice to the Cardholder and all
outstanding amounts will thereupon become immediately due and payable.
4.3 A fee will be charged to the Card Account by the Bank if a Cardholder exceeds the assigned credit limit, at a rate to be determined by the Bank and notified to the Cardholder
from time to time.
5. Fees
5.1 The Cardholder agrees to pay a non-refundable annual fee for the Card and for any Supplementary Card(s) at a rate to be determined by the Bank and notified to the
Cardholder from time to time.
5.2 A handling fee will be charged by the Bank on each cash withdrawal or advance and charged to the Cardholders Card Account, at a rate to be determined by the Bank and
notified to the Cardholder from time to time.
6. Payment and Finance Charges
6.1 Credit Card Payments:
a) A Card Account statement will be sent to the Cardholder at the end of each period (the Billing Period) to be determined by the Bank and notified to the Cardholder from time to
time, with details of the total amount outstanding on the Card Account (the Amount Outstanding) and the minimum payment due computed at a rate to be determined by the Bank
and notified to the Cardholder from time to time (the Minimum Amount Due) and the date by which the payment must be made to the Bank (the Payment Due Date). The
Minimum Amount Due also includes any unpaid Minimum Amount Due from the previous Billing Period(s).
b)The Cardholder should retain the statement in his/her records and compare copies of sales and/or cash advance slips with the transactions appearing on this statement to ensure
their validity. The Cardholder has to inform the Bank of any discrepancies in the statement within 15 days of the statement date and if their validity are not established by the Bank,
the contents of this statement shall be deemed to be correct and accepted and the Bank will consider this as final confirmation from the Cardholder to its contents. The Cardholder
may submit a written request to the Bank to provide copies of sales/cash advance slips or statements, cost of which to be charged to the Cardholders account. Provision of
sales/cash advance slips copies may take a minimum of 45 days and is subject to the Bank's discretion.
c) Although finance charges will not be levied if the payment of the whole amount of the closing balance is received and cleared by the Bank on or before the Payment Due Date, a
finance charge will be levied on cash advances at a rate to be determined by the Bank and notified to the Cardholder from time to time, from the transaction date of each cash
advance on the Card Account and until it is fully paid. All cheques received by the Bank shall be subject to clearing and funds will only be credited to the Cardholder's Card Account
after final clearance.
d) If the Cardholder fails to pay the Bank in cleared funds the whole amount of the closing balance by the Payment Due Date, the outstanding balance shall bear a finance charge
calculated on the daily average balance from the date of each Card Transaction, at a rate to be determined by the Bank and notified to the Cardholder from time to time. The finance
charge is debited on the last day of the Billing Period.
e) Without prejudice to the payment of the finance charge referred to in preceding paragraph (d), if the Cardholder fails to pay the Minimum Amount Due in cleared funds by the
Payment Due Date, a late payment fee will be charged at a rate to be determined by the Bank and notified to the Cardholder from time to time
f) The Cardholder may issue a direct debit standing instruction on an account with the Bank (the Nominated Account) to settle the Amount Outstanding on the Payment Due Date.
For direct debit standing instruction the following additional Terms and Conditions shall apply:
i. The Cardholder agrees that the Bank reserves the right to determine the priority of any such standing instruction against cheques presented to the Nominated Account or any
other arrangements made with the Bank.
ii. The Cardholder understands that any amendments and cancellations to any such standing instruction should reach the Bank at least one week before the next Payment Due
Date.
g) Where payment is made by cheque the Cardholder should allow 5 business days for the cheque to be cleared.
h) If any standing instruction, cheque or any other instrument of the Cardholder is not honored, or there are insufficient cleared funds to meet such payment the Bank at its sole
discretion may charge the Cardholder finance charge thereon calculated in accordance with preceding paragraph (c), and may process any such standing instruction whenever
there are sufficient cleared funds to the credit of the Nominated Account after the original date on which such debit was intended.
6.2 Any Payments made by a Cardholder will be applied by the Bank in or towards payment of the Cardholders liabilities to the Bank under these Terms and Conditions in such
order as the Bank may decide.
6.3 The Bank reserves the right to amend the finance charge and other charges from time to time, at its discretion. Publication of charges by such means as the Bank may consider
appropriate will constitute effective notice to the Cardholder. Use of the Card after the date upon which any change to these Terms and Conditions is to have effect (as may be
specified in the Banks notice) will constitute acceptance without reservation by the Cardholder of such change.
6.4 Details of the finance charges and other charges applicable to the Card and its use are available on request at any of the Banks branches or a copy may be obtained directly
from the Banks Card Services Department.
6.5 The Cardholder acknowledges that the Bank may exercise its rights under Clause 6.1.d in the event that the Cardholder fails to pay the Minimum Amount Due by the Payment
Due Date. Cardholders confirm by signing the Terms & Conditions of being notified with all account charges
7. Cancellation of Agreement
7.1 The Bank may terminate this Agreement with the Cardholder at any time by cancelling the Card with or without prior notice and with or without assigning any reason, or refusing
to renew the Card. The Cardholder may terminate the Agreement at any time by written notice to the Bank accompanied by the return of the Card and of any Supplementary Cards.
7.2 The whole outstanding amount on the Cardholders Card Account together with any outstanding amount incurred by the use of the Card and/or Supplementary Card(s) but not
already paid or charged to the Cardholders Card Account shall become due and payable to the Bank on the termination of this Agreement. The Cardholder and the Supplementary
Cardholder(s) expressly agree that the Bank shall have the right to retain any funds placed in the Cardholders and Supplementary Cardholders Current/Savings/Time Deposit or
any other account with the Bank or deposits held as a security for the issuance of Card and/or Supplementary Card(s) for a period of up to 45 days after the Card and any
Supplementary Card(s) have been physically returned to the Bank, and to set-off against any such funds without notice to the Cardholder or Supplementary Cardholder all amounts
due from the Cardholder to the Bank. In case of a deceased Cardholder or Supplementary Cardholder his/her estate will be responsible for settling any outstanding balances and
other amounts due in respect of Card Transactions and shall keep the Bank indemnified from all costs (including legal fees) and expenses incurred in recovering such outstanding
balances.
7.3 In the event of a Cardholders bankruptcy or death, all outstanding amounts become immediately due and payable and, the holder(s) of any Supplementary Card(s) will
immediately cease the use of such Card(s) and return it to the Bank and pay any amount that may be outstanding under these Terms and Conditions.
7.4 The Card remains the property of the Bank at all times and shall be returned to the Bank upon request, together with any Supplementary Card(s) for which the Cardholder is
liable.
7.5 Where this Agreement relates to the use of a Supplementary Card, the Cardholder or the Supplementary Cardholder may terminate this Agreement (in so far as it relates to the
use of the Supplementary Card) by written notice to the Bank accompanied by the return of the Supplementary Card. In both circumstances, the Agreement will remain in force until
full payment of Card Transactions and all amounts due under these Terms and Conditions effected by the use of the Supplementary Card which has been received by the Bank.
Unless and until such termination takes place the Bank shall provide a renewal Supplementary Card to the Cardholder from time to time.
7.6 If, for any reason, the Cardholder fails to comply with the Terms and Conditions of this Agreement, the Bank may terminate this Agreement and proceed to recover all amounts
outstanding thereunder. The Cardholder is liable to pay immediately and the Cardholder will not be exempted from any responsibilities or liabilities resulted from the use of the Card
or any of the Supplementary Card(s) except after 45 days from the Card termination date in order to be sure that the Cardholder has settled all the outstanding amounts resulted
from the use of his/her Card or any Supplementary Card(s). The Cardholder shall be responsible for all costs, charges and expenses incurred by the Bank including legal fees on a
full indemnity basis.
8. Authorisation and indemnity for telephone, telex and facsimile instructions
The Cardholder authorises the Bank to rely upon and act in accordance with any notice, instruction demand or other communication which may from time to time be, or purport to be
given by telephone, telex or facsimile transactions by the Cardholder or on his/her behalf (the Instructions) without any generality of the foregoing, as to the authority or identity of
the person giving or purporting to give the Instructions and regardless of the circumstances prevailing at the time of receipt of the Instructions.
The Bank shall be entitled to treat the Instructions as fully authorised by and binding upon the Cardholder and the Bank shall be entitled to take such steps in connection with or in
reliance upon the Instructions as the Bank may consider appropriate, whether the Instructions include Instructions to pay money or otherwise to debit or credit any account, or relate
to the disposition of any money, securities or documents, or purports to bind the Cardholder to any agreement or other arrangement with the Bank or with any other person or to
commit the Cardholder to any other type of transaction or arrangement whatsoever, regardless of the nature of the transaction or arrangement or the amount of money involved and
notwithstanding any error, ambiguity, misunderstanding or lack of clarity in the terms of the Instructions. The Bank under terms of this authorisation and indemnity is not obliged to
accept and act upon the Instructions which include the following:
Change in Mandate
Change to authorised signatories
Power of Attorney to another person/entity
Closure of the account(s) and transfer of the remaining balance by any
means in consideration of the Bank acting in accordance with the terms of this authorisation and indemnity the Cardholder hereby irrevocably undertakes to indemnify the Bank and
to keep the Bank indemnified against all losses, claims, actions, proceedings, demands, damages,
costs and expenses incurred or sustained by the Bank of whatever nature and howsoever arising out of or in connection with the Instructions.
The terms of this authorisation and indemnity shall remain in full force and effect unless and until the Bank receives, and has a reasonable time to act upon, notice of termination
from the Cardholder in accordance with the terms of the Mandate, save that such termination will not release the Cardholder from any liability under this authorisation and indemnity
in respect of any act performed in accordance with the terms of this authorisation and indemnity prior to the expiry of such time.
9. General
9.1 The Bank shall have the right at its absolute discretion to transfer, assign and sell in any manner, in whole or in part any Cardholders Amounts Outstanding. The Cardholder
hereby authorises the Bank to appoint Collection Agents for recovery of outstanding amounts.
The Cardholder shall pay all the costs of collection of dues, legal expenses and outstanding amounts with interest, should it become necessary to refer the matter to a collection
agency or to a legal resource to enforce payment.
9.2 Whenever required by the Bank, the Cardholder shall furnish data concerning his/her financial position to the Bank. The Cardholder further authorises the Bank to verify the
information furnished. If the data is not furnished when called for, the Bank at its discretion, may refuse renewal of the Card or cancel the Card forthwith.
9.3 The Cardholder authorises the Bank to disclose information concerning the Cardholder and Supplementary Cardholder or the Cardholders and Supplementary Cardholders
Card Account to such persons as the Bank may consider appropriate, including the Central Bank of Egypt, any Credit Bureau or other Banks or financial institutions where the
Cardholder has failed at any time to pay sums when due.
9.4 The Cardholder and the Supplementary Cardholder hereby authorises the Bank to, without notice, combine or consolidate the Amount Outstanding on the Cardholders Card
Account with any other account which the Cardholder and/or the Supplementary Cardholder maintain with the Bank and set-off or transfer any money standing to the credit of the
Cardholders and /or Supplementary Cardholders other accounts in or towards satisfaction of the Cardholders liability to the Bank under these Terms and Conditions.
9.5 The Cardholder irrevocably agrees that the Bank may at its discretion and for any purpose (including for the purpose of fraud prevention, audit, the provision of services by any
third party, debt collection, or if required by any competent government or regulatory body) share any information, details or data relating to the Cardholder or the Cardholders
transactions with any member or associate member of the HSBC Group of Companies.
9.6 The Cardholder irrevocably agrees that the Bank may transfer or sub-contract the provision of any part of the services provided to the Cardholder to any third party including to
another member of the HSBC group whether or not that third party operates in another jurisdiction or territory. The Bank shall remain liable to the Cardholder for any recoverable
loss or damage incurred or suffered by the Cardholder as a result of the negligence, breach or default of any such third party, and will require that any such third party will be
required to maintain the confidentiality of any such information to the same extent as the Bank.
9.7 Information about Cardholders may be processed offshore, in the United Kingdom or elsewhere.
9.8 The Cardholder telephone calls may be recorded and retained by the Bank.
9.9 This Agreement supersedes any similar agreement with the Bank in connection with the issue or use of Card(s), such agreement being hereby cancelled.
9.10 The Bank reserves the right at all times to vary or amend the foregoing Terms and Conditions or to introduce new Terms and Conditions. Any such variations or amendments
will become effective and binding on the Cardholder upon notification to the Cardholder by any means the Bank deems considerable. If the Cardholder is unwilling to accept any
such variations or amendment, the Cardholder must return the Card along with Supplementary Card(s) to the Bank for cancellation. The Cardholder will indemnify the Bank
(notwithstanding any termination of this Agreement) against Card Transactions of these Card(s) prior to the return of the Card and any Supplementary Card(s) to the Bank.
9.11 The Bank shall not be liable for any loss suffered by the Cardholder if the Bank is prevented from or delayed in providing the Cardholder with any banking or other service due
to strikes, industrial action, failure of power, supplies or equipment, or causes beyond or outside its control.
9.12 The cardholder irrevocably agrees that the bank may at any time upon its discretion replace his/her credit card & roll over the customer's outstanding balance from an existing
credit card to either another existing Credit Card or to a new one being offered by the Bank as believed appropriate. The change can be based upon the Bank's existing eligibility
criteria, modifications made to it or based on newly introduced criteria. In all cases the outstanding balance shall remain due by the cardholder.
9.13 The Cardholder will continue to be liable for finance charge and other charges if for any reasons set out in clause 9.11 the Bank is unable to produce or send the Cardholder a
statement of account.
9.14 These Terms and Conditions shall be construed in accordance to the Laws of the Arab Republic of Egypt where any disputes arising thereof shall be subject to the jurisdiction
of the South Cairo Courts.
9.15 The cardholder expressly agrees that the bank has the authority to have a pledge, lien nevertheless the right of set-off against any funds placed in all of its accounts, deposits
and property rights and interest, which are in the Banks custody.
9.16 The cardholder authorizes the Bank to issue Supplementary card(s), to any person nominated by him/her as a Supplementary cardholder, who is over 16 years of age, to be
used on its accounts in the Bank, and agrees upon request to provide them with any information regarding its accounts. The cardholder also allows the cardholder(s) of the
supplementary card(s) to use the card(s) on ATMs or cash machines, debiting its card account and all accounts with the Bank provided that the Supplementary cardholder is an
authorized signatory on these accounts.
9.17 All the card(s) transaction(s) as well as all the Card(s) Account(s) and any specified account(s) requested to access ATMs will be subject to the Banks General terms and
conditions for the operation of Accounts, Electronic Banking Services and also pertaining to any other Credit Card services that may be provided by the Bank from time to time
which is available on the general website of HSBC Bank Egypt and also available in Branches, which the cardholder have read and accepted including the terms governing the
purchase, collection and depositing of cheques as well as the terms governing the DebitCards.
9.18 Foreigners declare that they accept the Arabic copy of the cardholder Agreement, and that they have read and obtained English translated copy of this agreement.
9.19 The Cardholder agrees not to deposit or accept and to report the deposit of any funds coming from unknown, suspicious or illegitimate sources in its account with HSBC Bank
Egypt. Furthermore, the cardholder undertakes to provide the Bank every three years at the latest with all its personal data/information similar to which has been obtained at the
time of applying for the Credit Card and/or any data/information that the Bank might request at any point of time, and periodically continue providing such data on a regular basis.
9.20 The Cardholder hereby authorizes the Banks Trade and Credit Investigation Department as well as the departments staff to obtain/acquire any information from whatsoever
source or organization the former department may see it necessary to complete its task. This may include other banks, governmental organizations, non-governmental
organizations, public and private sectors. Moreover, the cardholder authorizes the Banks Trade & Credit Investigation department to exchange information with other banking sector
entities whenever required.
9.21 The cardholder agrees that in case he holds more than one HSBC Bank Egypt credit card, the Bank at its own discretion will reserve the right to modify existing credit card
limits such that the Advance Credit Card limit is higher; normal credit terms applies.
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