HANG SENG BANK LIMITED
INTEGRATED ACCOUNT
TERMS AND CONDITIONS |
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PART
III
TERMS AND CONDITIONS FOR CURRENCY TRANSACTIONS |
1. |
Currency
Exchange Transactions |
1.01 |
The
Bank is entitled to prescribe from time to time: |
(a) |
the
currencies which may be handled by the Bank; |
(b) |
the
minimum and maximum transaction amounts; and |
(c) |
the
denominations of currency notes which may be provided by the Bank. |
1.02 |
The
actual bid and offer prices of any currency exchange transaction will
be determined at the time when such transaction is effected. Any exchange
rate which may be quoted by the Bank or its representatives at any time
for the purpose of any transaction are for indication and reference only.
The Bank is entitled to effect each transaction at the exchange rate prevailing
in the relevant foreign exchange market at the time when such transaction
is effected. |
1.03 |
The
Bank is entitled to debit the Customer's account for the amount of the
transaction on the day on which it accepts the relevant Instruction. |
1.04 |
Where
the Customer orders currency notes: |
(a) |
the
Customer may specify any particular branch of the Bank at which the currency
notes shall be collected subject to the agreement of the Bank; |
(b) |
the
Customer may authorize (in such form as the Bank may reasonably require)
an Authorized Person to collect the currency notes at the Customer's risk; |
(c) |
the
Customer or (if applicable) the Authorized Person must produce to the
satisfaction of the Bank such identification documents and other information
as the Bank may reasonably require before collecting the currency notes; |
(d) |
the
Customer or (if applicable) the Authorized Person must collect the currency
notes at the designated branch within such period as the Bank may reasonably
specify; |
(e) |
if
the currency notes are not collected from the designated branch within
the period specified by the Bank, the Bank may (but is not obliged to)
reverse the relevant Transaction by converting the currency notes to Hong
Kong dollar at the Exchange Rate and crediting the Hong Kong dollar amount
to any of the accounts of the Customer. Any gain or loss (as the case
may be) as a result of any fluctuation in exchange rates shall be paid
to or borne by the Customer. |
1.05 |
In
connection with any transaction denominated in United States dollars cleared
or settled through the US Dollar Clearing System established in Hong Kong,
the Customer: |
(a) |
acknowledges
that the operation of the US Dollar Clearing System will be subject to
the US Dollar Clearing House Rules (including, without limitation, the
USD Operating Procedures referred to therein); |
(b) |
agrees
that the Hong Kong Monetary Authority shall not owe any duty or incur
any liability to the Customer or any other person in respect of any claim,
loss, damage or expense (including, without limitation, loss of business,
loss of business opportunity, loss of profit, special, indirect or consequential
loss) even if the Hong Kong Monetary Authority knew or ought reasonably
to have known of their possible existence) of any kind or nature whatsoever
arising in whatever manner directly or indirectly from or as a result
of: |
(i) |
anything done or
omitted to be done by the Hong Kong Monetary Authority in good faith or
by the settlement institution of the US Dollar Clearing System, Hong Kong
Interbank Clearing Limited or any member of the US Dollar Clearing House
in the management, operation or use (including, without limitation, the
termination and/or suspension of the settlement institution, the US Dollar
Clearing facilities or any such member) of the US Dollar Clearing House
or the US Dollar clearing facilities or any part of any of them; |
(ii) |
without prejudice
to (i) above, the giving of any notice, advice or approval in relation
or pursuant to the US Dollar Clearing House Rules (including, without
limitation, the US Dollar Operating Procedures referred to therein). |
2. |
Currency
Switching Service |
2.01 |
The
Customer authorizes the Bank to provide the Currency Switching Service
in the following manner: |
(a) |
to
debit any and all available credit balance in the Savings Account, the
foreign currency savings account and/or the Current Account comprised
in the Integrated Account determined in accordance with Clause 2.03 of
this Part (the "Available Balance") at the intervals elected by the Customer; |
(b) |
to
apply any and all Available Balance debited to the purchasing of the currencies
elected by the Customer subject to the Exchange Rate Criteria elected
by the Customer; and |
(c) |
to
credit any and all amount of each purchased currency to any account comprised
in the Integrated Account in the relevant currency denomination, |
in
each case without further notice to or consent from the Customer. |
2.02 |
For
the purposes of providing the Currency Switching Service, the Bank may
prescribe and vary from time to time: |
(a) |
the
currencies and any minimum or maximum amount of each currency which may
be purchased by the Customer; |
(b) |
any
minimum or maximum amount which the Customer may elect to debit pursuant
to the Currency Switching Service; |
(c) |
the
timing and frequencies at which debits may be made pursuant to election
by the Customer; |
(d) |
the
criteria determining the availability and amount of Available Balance
(the "Amount Criteria") which the Customer may elect; |
(e) |
the
criteria determining whether actual debits shall be made to effect purchases
of currencies (the "Exchange Rate Criteria") which the Customer may elect; |
(f) |
the
timing at which the Bank applies the Amount Criteria elected by the Customer
to the relevant account to determine the Available Balance; |
(g) |
the
timing and frequencies at which the Bank checks the Exchange Rate Criteria
elected by the Customer against the prevailing buying rate or selling
rate applicable to the relevant currencies quoted by the Bank to determine
whether any actual debit shall be made to effect a purchase of the currencies
elected by the Customer; and |
(h) |
any
minimum or maximum number of debit Instructions which the Customer may
set up under the Currency Switching Service, whether by reference to an
account, a currency or any other criteria. |
2.03 |
Whether
there is any Available Balance in the relevant account and the amount
of each Available Balance to be debited shall be determined by the Bank
at the time the Bank applies the Amount Criteria elected by the Customer
to the account against the day-end balance in the account on the previous
Business Day as reflected in the Bank's records. Subject to Clause 2.04(a)
of this Part, the availability and amount of each Available Balance shall
not be affected by any variation in the credit balance in the account
before or after such determination. The Bank shall not be under any
obligation to ensure that the credit balance in the account after debiting
the Available Balance exceeds any amount. |
2.04 |
The
Bank reserves the right not to act on any debit Instruction if: |
(a) |
an
overdraft will arise in the relevant account after debiting the amount
of Available Balance due to any decrease in the credit balance in the
account after the amount of Available Balance was determined by the Bank;
or |
(b) |
there
are any irregularities concerning the relevant account, any contradictory
or unclear Instructions being given or other technical or operational
reasons not to act on the debit Instruction. |
2.05 |
Amount
Criteria and Exchange Rate Criteria |
2.05.1 |
The
Bank may prescribe the Amount Criteria and Exchange Rate Criteria by reference
to relevant factors and/or standards and/or a combination of factors and
standards. |
2.05.2 |
The
Customer shall elect his Amount Criteria and Exchange Rate Criteria and
notify the Bank of his election in such manner as the Bank may reasonably
require from time to time. |
2.05.3 |
Subject
to the agreement of the Bank, the Customer may instruct the Bank to vary
any Amount Criteria or Exchange Rate Criteria elected by the Customer
and/or to cancel any debit Instruction or suspend it for a specified period.
Any Instruction received by the Bank shall not be effective until after
the Bank is given reasonable time to process it. |
2.05.4 |
Subject
to the agreement of the Bank, the Customer may elect a fixed debit amount
or a variable debit amount. By electing a fixed debit amount, no debit
shall be made by the Bank for the Customer unless the Available Balance
elected by the Customer to be debited is available in full after the Amount
Criteria are satisfied at the time the Bank applies the Amount Criteria
to the relevant account. By electing a variable debit amount, the Bank
shall debit any and all of the Available Balance after the Amount Criteria
are satisfied at the time the Bank applies the Amount Criteria to the
relevant account. |
2.05.5 |
If
the day on which the Bank is: |
(a) |
to apply the Exchange
Rate Criteria to determine whether any debit and purchase shall be made;
or |
(b) |
to make any debit
or purchase, |
is
not a Business Day, the Bank shall perform the relevant action on the
next Business Day except that the Bank shall perform the relevant action
on the previous Business Day if the next Business Day falls into the next
month. |
2.06 |
Currency
Switching Transactions |
2.06.1 |
The
Bank shall check the Exchange Rate Criteria elected by the Customer against
the prevailing buying rate or selling rate applicable to the relevant
currency quoted by the Bank at the times of checking. Unless the Bank
has made other arrangements with the Customer, the Bank is entitled to
effect a currency transaction for the Customer at the prevailing rate
quoted by the Bank if such rate falls within the Exchange Rate Criteria
elected by the Customer. The Bank is not under any obligation to check
the Exchange Rate Criteria elected by the Customer against the rates prevailing
in the relevant foreign exchange market on a real time basis, nor to effect
any currency transaction at such rates. |
2.06.2 |
The
Customer acknowledges that no warranty or guarantee is given by the Bank
that the Bank will effect any transaction for the Customer pursuant to
the Currency Switching Service. The Bank may be unable to check whether
the Exchange Rate Criteria elected by the Customer match the prevailing
rates quoted by the Bank or to effect any transaction notwithstanding
that the Customer's Exchange Rate Criteria are met due to the volume of
instructions and transactions, market circumstances or other factors beyond
the Bank's reasonable control which may be existing at the relevant time.
The Bank is not liable for any loss or damage which the Customer may
suffer or incur as a result of the Customer's Exchange Rate Criteria not
being checked or matched or any transaction not being effected due to
the above circumstances, unless due to the negligence or wilful default
of the Bank, its officers or employees and only to the extent of direct
and reasonably foreseeable loss and damage (if any) arising directly and
solely therefrom. |
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