ELECTRONIC TERMS. INTRODUCTION This Schedule 2 (the “Electronic Terms”) applies in respect of all Electronic Services provided by the Bank to the Client from time to time. Any Transaction or other interaction with any System shall be subject to the terms of this Schedule 2. For the avoidance of doubt, Electronic Services do not include any execution services offered with respect to “HSBC Evolve”. THE ELECTRONIC SERVICES THAT THE BANK WILL PROVIDE TO THE CLIENT UNDER THESE ELECTRONIC TERMS Subject to paragraph 2.2, the Bank grants the Client and its Authorised Users a personal, non-transferable, non-assignable, non-exclusive, revocable and limited licence to use (but not modify or sub-license) the relevant System to: execute Transactions with the Bank; access a Third-party System which the Bank may, in its sole discretion, choose to make available to the Client from time to time, including to view information, input Orders and to execute Transactions, as the case may be. The Clients acknowledges and agrees that the Bank will not always be permitted or have the authorisation to provide the Client with any licence or consent to use any such Third-party System pursuant to these Electronic Terms, and such access is subject to the Client obtaining any relevant consent or licence from the relevant Third-party Provider or otherwise, as applicable for the use of such Third-party System. Such access may be: Direct Electronic Access (Direct Market Access or Sponsored Access); or Electronic Order Intermediation. Direct Electronic Access provides the Client with greater control over the timing of Order submission. Direct Electronic Access without passing through appropriate control filters of the Bank and those of the Third-party System is not permitted under applicable law. As such, filters add minimal, but a finite amount of delay to its Order reaching the matching engine of the Third-party System and as a consequence some filters may preclude the possibility of the Client exercising discretion regarding the exact fraction of a second at which an Order is sent. Where the possibility is so precluded, the relevant Service will be one of Electronic Order Intermediation rather than Direct Electronic Access. If consent is granted by the Bank pursuant to paragraph 2.7.3, the Client may grant a sub-licence to the relevant Sub-Delegate on equivalent terms to this paragraph 2.1 and paragraph 2.3. The Client shall use each System in accordance with, and in compliance with, the Agreement and any...
ELECTRONIC TERMS. The parties agree that purchase orders may be issued in electronic form and hereby consent to transacting business electronically. PG may transmit purchase orders in portable document format ("PDF") as an attachment to an e-mail. In order to accept an electronic purchase order, Seller will: (i) commence performance under the order, (ii) respond with an e-mail to the PG e-mail address listed on the purchase order stating that Seller acknowledges and accepts the PG purchase order, or (iii) print out the purchase order, sign it in space provided for acknowledgement and fax a copy to the fax number indicated on the purchase order addressed to the buyer who signed the purchase order. By commencing performance under a purchase order, Seller consents and agrees: (i) to transact business with PG electronically as provided for herein; (ii) that the acknowledgement and acceptance of a purchase order by e-mail or by facsimile shall constitute a valid and binding obligation of Seller; (iii) that an e-mail acknowledgement and acceptance of a purchase order addressed to PG as provided for herein shall be deemed to have been validly signed by Seller; (iv) that if Seller deliver goods or renders service to PG in response to a purchase order issued by PG (including, without limitation a purchase order issued electronically as provided for herein) without acknowledging and accepting the purchase order as provided for herein, Seller shall be deemed to have accepted the purchase order; and (v) that
ELECTRONIC TERMS. It has the meaning given to it in paragraph 1.
