Security Provisions. You agree to comply with the Security Procedures and any other reasonable instructions we may issue to you regarding the e-Channels’ security. You agree it is your responsibility to set up, maintain and regularly review security arrangements concerning your access to and use of each of the e-Channels and information stored on your computing and communications systems. You confirm that you have assessed the security arrangements set out in this Agreement, and have determined that they are adequate to protect your interests. You must notify us as soon as reasonably possible upon becoming aware of any actual or attempted unauthorised access to the e-Channels or any unauthorised transaction or attempt to execute an unauthorised transaction pursuant to this Agreement. You must ensure that neither you, your Users nor your employees do anything during or after the term of this Agreement which may result in the security of the e-Channels, or the systems or security of any other HSBC Group customers, being compromised. Limited Warranties We will use all reasonable efforts to ensure that the e-Channels will perform in substantial conformity to the description in this Agreement. To the extent permitted by law, this is the only performance warranty made by the Bank in respect to the e-Channels or the Services. We shall have no liability for breach of any implied term including, without limitation, those as to satisfactory quality, merchantability or fitness for any particular purpose of the e-Channels or the Services. We warrant that your use in accordance with this Agreement of the Software or Materials will not infringe the intellectual property rights of any third party. We will ensure that the information supplied to you through any of the e-Channels reflects the information in our computer systems or information received from a third party, including an Institution. We do not warrant that the information is accurate, sufficient or error-free, nor that the information on our computer system is current and up-to-date at the time it is accessed via the e-Channel. In the case of a breach of the warranty in Clause 7.1 above, we will take all reasonable steps to correct the defective software and/or retransmit or reprocess any Customer Instruction, at no additional cost to you.
Appears in 2 contracts
Sources: E Channels Master Customer Agreement, E Channels Master Customer Agreement
Security Provisions. 6.1 You agree to comply with the Security Procedures and any other reasonable instructions we may issue to you regarding the e-Channels’ Hang Seng HSBCnet’s security. You agree it is your responsibility to set up, maintain and regularly review security arrangements concerning your access to and use of each of the e-Channels Hang Seng HSBCnet and information stored on your computing and communications systems. .
6.2 You confirm that you have assessed the security arrangements set out in this Agreement, and have determined that they are adequate to protect your interests. .
6.3 You must notify us as soon as reasonably possible upon becoming aware of any actual or attempted unauthorised access to the e-Channels Hang Seng HSBCnet or any unauthorised transaction or attempt to execute an unauthorised transaction pursuant to this Agreement. .
6.4 You must ensure that neither you, your Users nor your employees do anything during or after the term of this Agreement which may result in the security of the e-ChannelsHang Seng HSBCnet, or the systems or security of any other HSBC Group customers, being compromised. Limited Warranties compromised 7 LIMITED WARRANTIES
7.1 We will use all reasonable efforts to ensure that the e-Channels Hang Seng HSBCnet will perform in substantial conformity to the description in this Agreement. To the extent permitted by law, this is the only performance warranty made by the Bank in respect to the e-Channels Hang Seng HSBCnet or the Services. We shall have no liability for breach of any implied term including, without limitation, those as to satisfactory quality, merchantability or fitness for any particular purpose of the e-Channels Hang Seng HSBCnet or the Services. .
7.2 We warrant that your use in accordance with this Agreement of the Software or Materials will not infringe the intellectual property rights of any third party. .
7.3 We will ensure that the information supplied to you through any of the e-Channels Hang Seng HSBCnet reflects the information in our computer systems or information received from a third party, including an Institution. We do not warrant that the information is accurate, sufficient or error-free, nor that the information on our computer system is current and up-to-date at the time it is accessed via the e-Channel. Hang Seng HSBCnet.
7.4 In the case of a breach of the warranty in Clause 7.1 above, we will take all reasonable steps to correct the defective software and/or retransmit or reprocess any Customer Instruction, at no additional cost to you.
Appears in 1 contract
Sources: Customer Agreement
Security Provisions. 6.1 You agree to comply with the Security Procedures and any other reasonable instructions we may issue to you regarding the e-Channels’ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇’s security. You agree it is your responsibility to set up, maintain and regularly review security arrangements concerning your access to and use of each of the e-Channels Hang Seng HSBCnet and information stored on your computing and communications systems. .
6.2 You confirm that you have assessed the security arrangements set out in this Agreement, and have determined that they are adequate to protect your interests. .
6.3 You must notify us as soon as reasonably possible upon becoming aware of any actual or attempted unauthorised access to the e-Channels Hang Seng HSBCnet or any unauthorised transaction or attempt to execute an unauthorised transaction pursuant to this Agreement. .
6.4 You must ensure that neither you, your Users nor your employees do anything during or after the term of this Agreement which may result in the security of the e-ChannelsHang Seng HSBCnet, or the systems or security of any other HSBC Group customers, being compromised. Limited Warranties compromised 7 LIMITED WARRANTIES
7.1 We will use all reasonable efforts to ensure that the e-Channels Hang Seng HSBCnet will perform in substantial conformity to the description in this Agreement. To the extent permitted by law, this is the only performance warranty made by the Bank in respect to the e-Channels Hang Seng HSBCnet or the Services. We shall have no liability for breach of any implied term including, without limitation, those as to satisfactory quality, merchantability or fitness for any particular purpose of the e-Channels Hang Seng HSBCnet or the Services. .
7.2 We warrant that your use in accordance with this Agreement of the Software or Materials will not infringe the intellectual property rights of any third party. .
7.3 We will ensure that the information supplied to you through any of the e-Channels Hang Seng HSBCnet reflects the information in our computer systems or information received from a third party, including an Institution. We do not warrant that the information is accurate, sufficient or error-free, nor that the information on our computer system is current and up-to-date at the time it is accessed via the e-Channel. Hang Seng HSBCnet.
7.4 In the case of a breach of the warranty in Clause 7.1 above, we will take all reasonable steps to correct the defective software and/or retransmit or reprocess any Customer Instruction, at no additional cost to you.
Appears in 1 contract
Sources: Customer Agreement
Security Provisions. You agree to comply with the Security Procedures and any other reasonable instructions we may issue to you regarding the e-Channels’ security. You agree it is your responsibility to set up, maintain and regularly review security arrangements concerning your access to and use of each of the e-Channels and information stored on your computing and communications systems. You confirm that you have assessed the security arrangements set out in this Agreement, and have determined that they are adequate to protect your interests. You must notify us as soon as reasonably possible upon becoming aware of any actual or attempted unauthorised access to the e-Channels or any unauthorised transaction or attempt to execute an unauthorised transaction pursuant to this Agreement. You must ensure that neither you, your Users nor your employees do anything during or after the term of this Agreement which may result in the security of the e-Channels, or the systems or security of any other HSBC Group customers, being compromised. Limited Warranties We will use all reasonable efforts to ensure that the e-Channels will perform in substantial conformity to the description in this Agreement. To the extent permitted by law, this is the only performance warranty made by the Bank in respect to the e-Channels or the Services. We shall have no liability for breach of any implied term including, without limitation, those as to satisfactory quality, merchantability or fitness for any particular purpose of the e-Channels or the Services. We warrant that your use in accordance with this Agreement of the Software or Materials will not infringe the intellectual property rights of any third party. We will ensure that the information supplied to you through any of the e-Channels reflects the information in our computer systems or information received from a third party, including an Institution. We do not warrant that the information is accurate, sufficient or error-free, nor that the information on our computer system is current and up-to-date at the time it is accessed via the e-Channel. In the case of a breach of the warranty in Clause 7.1 above, we will take all reasonable steps to correct the defective software and/or retransmit or reprocess any Customer Instruction, at no additional cost to you. Software and Materials Document ID: Subject to Clause 8.2, we grant you a non-exclusive, non-transferable licence to use the Software and the Materials in conjunction with the relevant e-Channel(s) for the intended business purpose contemplated by this Agreement. Title to and all rights in the Software and the Materials belong to us or our licensors and, except for the specific rights granted to you by this Agreement, you will acquire no rights whatsoever in relation thereto. Your use of certain Software and Materials may be subject to additional restrictions. These will be notified to you upon the supply of the Software or Materials from time to time. You shall be deemed to have accepted any such additional terms upon any User using any such Software or Materials. ECMA for FIs HSBCnet and SWIFT - 15-July-2015 Schedule ID: eCKMCAT&CGL15July2015 You undertake not to alter, reverse engineer, copy (other than to the extent necessary for the permitted use), publish or impart to any third party any Software or Materials. Liability Subject to Clauses 9.2 to 9.5 (inclusive), the Bank and/or any other member of the HSBC Group shall only be liable for any loss, damage or delay which you suffer or incur as a direct result of the Bank’s or the other HSBC Group Member’s gross negligence or wilful misconduct and shall not be liable for any other loss or damage of any kind. Neither the Bank nor any other member of the HSBC Group shall in any event be liable to you for any loss of business or profits or data, or indirect, consequential or special loss or damage arising out of your use of, or in connection with, the e-Channels or the Services, whether or not the Bank or that other member of the HSBC Group has been advised of the possibility of such loss or damage and whether or not arising out of negligence, breach of this Agreement or otherwise. Neither party nor any other member of the HSBC Group purports to exclude or limit liability in relation to fraud, personal injury or death. Subject to Clause 9.5, the liability of the Bank and each other member of the HSBC Group to you due to, under and/or arising out of or in connection with this Agreement shall, in aggregate in any calendar year, not exceed USD1 million.
10.1 Notwithstanding the limit set out in Clause 9.4 above, to the extent a successful claim against the Bank or any other member of the HSBC Group (ie for direct loss arising as a result of its gross negligence or wilful misconduct only) relates to all or part of the principal amount payable under a Customer Instruction (such amount, the Lost Principal), the relevant member of the HSBC Group shall be liable for:
9.5.1 The Lost Principal; and
9.5.2 Any interest which might reasonably have been earned in relation to the Lost Principal, provided that any interest payment shall be reduced accordingly if (a) any interest or other charges which would have been payable by you were not charged as a result of the loss; or (b) any interest was earned by you which would not otherwise have been earned. You will indemnify and hold the Bank and any other member of the HSBC Group harmless from all losses and liabilities incurred by the Bank or any other member of the HSBC Group as a result of:
9.6.1 Any breach by you of your obligations under this Agreement; or
9.6.2 The Bank or any other member of the HSBC Group acting on any Customer Instruction or other communication relating to the Services, whether or not such Customer Instruction or communication was: (a) authorised by you, or (b) in an agreed form. Termination Either party may terminate this Agreement in whole or in relation to any e-Channel:
10.1.1 On not less than 30 days’ written notice to the other party; or
10.1.2 With immediate effect by written notice to the other if the other party: (a) commits a material breach of this Agreement (or, if termination is in relation to an e-Channel only, commits in relation to that e-Channel a material breach of the terms applicable to that e-Channel) which is not remedied within 14 days of a written notice requiring remedy; or (b) becomes insolvent under the laws of any applicable jurisdiction.
10.2 10.3 10.4 11.
11.1 11.2 11.2.1
Appears in 1 contract
Sources: E Channels Master Customer Agreement