Common use of Customer Instructions Clause in Contracts

Customer Instructions. 3.1 We may treat all apparently valid Customer Instructions received by the Bank through the Hang Seng HSBCnet as instructions properly authorised by you, even if made fraudulently and even if they conflict with the terms of any other instructions or mandates given by you at any time concerning your accounts or affairs. We shall be under no obligation to check the authenticity of Customer Instructions or the authority of the person or persons giving them. 3.2 Where we have reason to believe that a Customer Instruction purporting to come from you has not been properly authorised by you or that any other breach of security has occurred in relation to your use of the Hang Seng HSBCnet, we reserve the right not to act, or to delay acting upon the Customer Instruction and we will inform you as soon as is reasonably possible. 3.3 You are responsible for the accuracy and completeness of Customer Instructions (including the appropriate application of the Security Procedures) and for ensuring that they will achieve your intended purpose. 3.4 You are responsible for ensuring that Customer Instructions are transmitted correctly. Without prejudice to this obligation, we will use reasonable efforts to dispatch an acknowledgement within a reasonable period upon receipt by us of a Customer Instruction. 3.5 In the event that you request us to cancel or modify any Customer Instruction for whatever reason, we will make all reasonable efforts to comply with your request. However, we are not liable for any failure to cancel or modify the Customer Instruction if such a request is received at a time or under circumstances that render us unable to comply with your request. 3.6 Where permitted, we are entitled to debit your accounts, wherever they are situated and whenever they are opened, with any amount that we have paid or incurred in accordance with a Customer Instruction. 3.7 As part of the Services, you may issue a Customer Instruction requesting us to forward certain information to third parties on your behalf. If we agree to act on such request, we will use reasonable efforts to forward any such information to the recipient and address specified in the relevant Customer Instruction within a reasonable time of receipt of such Customer Instruction. You must ensure that the information you ask us to forward is complete, accurate and will not give rise to any claim against us (including without limitation any claim in defamation, in relation to privacy or data protection or for infringement of any other third party rights). For Bank Use only: Customer ID Section 4

Appears in 2 contracts

Samples: Customer Agreement, Customer Agreement

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Customer Instructions. 3.1 We may treat all apparently valid Customer Instructions received by the Bank Firm through the Hang Seng HSBCnet System as instructions properly authorised by you, even if made fraudulently and even if they conflict with the terms of any other instructions or mandates given by you at any time concerning your accounts or affairs. We shall be under no obligation to check the authenticity of Customer Instructions or the authority of the person or persons giving them. 3.2 Where we have reason to believe that a Customer Instruction purporting to come from you has not been properly authorised by you or that any other breach of security has occurred in relation to your use of the Hang Seng HSBCnetSystem, we reserve the right not to act, or to delay acting upon the Customer Instruction and and, in that event, we will inform you as soon as is reasonably possible. 3.3 You are responsible for the accuracy and completeness of Customer Instructions (including the appropriate application of the Security Procedures) and for ensuring that they will achieve your intended purpose. 3.4 You are responsible for ensuring that Customer Instructions are transmitted correctly. Without prejudice to this obligation, we will use reasonable efforts to dispatch despatch an acknowledgement within a reasonable period upon of receipt by us of a Customer Instruction. 3.5 In the event that you request us to cancel or modify any Customer Instruction for whatever reason, we will make all reasonable efforts to comply with your request. However, we are not liable for any failure to cancel or modify the Customer Instruction if such a request is received at a time or under circumstances that render us unable to comply with your request. 3.6 Where permitted, we are entitled to debit your accounts, wherever they are situated and whenever they are opened, with any amount that we have paid or incurred in accordance with a Customer Instruction. 3.7 As part of certain of the Services, Services you may issue a Customer Instruction requesting us to forward certain information to third parties the Transfer Agent on your behalfbehalf relating to dealings in shares of a Fund including: (a) applying for shares in any and all sub- funds of a Fund; and (b) redeeming shares. If we agree to act on such request, we will use reasonable efforts to forward any such information to the recipient and address specified in the relevant Customer Instruction within a reasonable time of receipt of such Customer Instruction. You must ensure that the information you ask us to forward is complete, accurate and will not give rise to any claim against us (including without limitation any claim in defamation, in relation to privacy or data protection or for infringement of any other third party party’s rights). 3.6 We may appoint other parties to provide some or all of the Services under this Agreement. For Bank Use only: Customer ID Section 4Where we use an agent or any third party in performance of any Service, we shall use reasonable care in any such selection. In any event neither we nor any other member of the HSBC Group shall be liable for any loss (including loss of profit), damage, delay or failure to perform occasioned by the acts or omissions of any such third party or agent whether selected by us or you.

Appears in 2 contracts

Samples: Portal Agreement, Portal Agreement

Customer Instructions. 3.1 We may treat all apparently valid Customer Instructions received by the Bank through the Hang Seng HSBCnet an e-Channel as instructions properly authorised by you, even if made fraudulently and even if they conflict with the terms of any other instructions or mandates given by you at any time concerning your accounts or affairs. We shall be under no obligation to check the authenticity of Customer Instructions or the authority of the person or persons giving them. 3.2 Where we have reason to believe that a Customer Instruction purporting to come from you has not been properly authorised by you or that any other breach of security has occurred in relation to your use of the Hang Seng HSBCnetan e-Channel, we reserve the right not to act, or to delay acting upon the Customer Instruction and we will inform you as soon as is reasonably possible. 3.3 You are responsible for the accuracy and completeness of Customer Instructions (including the appropriate application of the Security Procedures) and for ensuring that they will achieve your intended purpose. 3.4 You are responsible for ensuring that Customer Instructions are transmitted correctly. Without prejudice to this obligation, we will use reasonable efforts to dispatch an acknowledgement within a reasonable period upon receipt by us of a Customer Instruction. 3.5 In the event that you request us to cancel or modify any Customer Instruction for whatever reason, we will make all reasonable efforts to comply with your request. However, we are not liable for any failure to cancel or modify the Customer Instruction if such a request is received at a time or under circumstances that render us unable to comply with your request. 3.6 Where permitted, we are entitled to debit your accounts, wherever they are situated and whenever they are opened, with any amount that we have paid or incurred in accordance with a Customer Instruction. 3.7 As part of the Services, you may issue a Customer Instruction requesting us to forward certain information to third parties on your behalf. If we agree to act on such request, we will use reasonable efforts to forward any such information to the recipient and address specified in the relevant Customer Instruction within a reasonable time of receipt of such Customer Instruction. You must ensure that the information you ask us to forward is complete, accurate and will not give rise to any claim against us (including without limitation any claim in defamation, in relation to privacy or data protection or for infringement of any other third party rights). For Bank Use only: your accounts, and to use the e-Channels to instruct an Institution to give effect to a Customer ID Section 4Instruction.

Appears in 2 contracts

Samples: E Channels Customer Master Agreement, E Channels Customer Master Agreement

Customer Instructions. 3.1 4.1 We may will only accept a Customer Instruction if it has been effected through the Hang Seng Business e-Banking Services using the appropriate Password(s) and/or Security Code(s) in accordance with the Hang Seng Business e-Banking Customer Guide and this Agreement and as shall be prescribed by the Bank from time to time. 4.2 You request and authorise us to treat all apparently valid Customer Instructions received by the Bank through the Hang Seng HSBCnet as instructions properly authorised by you, even if made fraudulently and even if they conflict with the terms of any other instructions or mandates given by you at any time concerning your accounts or affairs. We Subject to our obligations in Clause 4.1 above, we shall be under no other obligation to check the authenticity of Customer Instructions or the authority of the person or persons giving them. 3.2 Where we have reason to believe that a Customer Instruction purporting to come from you has not been properly authorised by you or that any other breach of security has occurred in relation to your use of the Hang Seng HSBCnet, we reserve the right not to act, or to delay acting upon the Customer Instruction and we will inform you as soon as is reasonably possible. 3.3 4.3 You are responsible for the accuracy and completeness of Customer Instructions (including the appropriate application of the Security Procedures) and for ensuring that they will achieve your intended purpose. 3.4 You . We are responsible not liable for ensuring that Customer Instructions are transmitted correctly. Without prejudice to this obligation, we will use reasonable efforts to dispatch an acknowledgement within a reasonable period upon receipt by us any loss or delay where the contents of a Customer InstructionInstruction are inaccurate or incomplete. 3.5 4.4 In the event that you request us to cancel or modify any Customer Instruction for whatever reasonInstruction, we will make all reasonable efforts to comply with your request. However, we are not liable for any failure to cancel or modify the Customer Instruction if such a request is received at a time or under circumstances that render us unable to comply with your request. 3.6 Where permitted, we 4.5 We are entitled to debit your accounts, wherever they are situated and whenever they are opened, with any amount amounts that we have paid or incurred in accordance with a Customer Instruction. 3.7 4.6 We may, in our absolute discretion and without liability, refuse to act on or delay acting on a Customer Instruction if, without limitation: 4.6.1 it is a request or instruction the effect of which would be to exceed a limit imposed by the Bank upon you generally or upon the Customer Delegate in question; 4.6.2 we know of or suspect a breach of security in respect of or in connection with the operation of one or more of your accounts or the Hang Seng Business e-Banking Services generally; 4.6.3 we have terminated this Agreement pursuant to Clause 18 hereof; or 4.6.4 acting on it would be inconsistent with our regular business practices and procedures. 4.7 In the event that we do not act on or delay acting on a Customer Instruction pursuant to Clause 4.6 above, we shall notify you of this as soon as is reasonably possible. 4.8 A transaction being carried out is not always simultaneous with a Customer Instruction being given. Some matters may take time to process and certain Customer Instructions may only be processed during normal banking hours even though Hang Seng Business e-Banking is Online and may be accessible outside such hours. 4.9 As part of certain of the Hang Seng Business e-Banking Services, you may issue a Customer Instruction requesting us to forward certain information to third parties on your behalf. If we agree to act on such request, we will use reasonable efforts to forward any such information to the recipient and address specified in the relevant Customer Instruction within a reasonable time of receipt of such Customer Instruction. You must ensure that the information you ask us to forward is complete, accurate and will not give rise to any claim against us (including without limitation any claim in defamation, in relation to privacy or data protection or for infringement of any other third party rights). 4.10 If we agree that you may communicate with us or we agree to communicate with you (or any third party) via email, the Internet, or any other method (other than via Hang Seng Business e-Banking) you acknowledge the risks that any such communications may be intercepted, monitored, amended or otherwise interfered with by third parties. For Bank Use only: Customer ID Section 4We are not responsible or liable to you or any third party in the event of any such occurrence in relation to any communication between us and you (or which appears to have been made on your behalf), or any communication you ask us to enter into with any third party.

Appears in 1 contract

Samples: Hang Seng Business E Banking Agreement

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Customer Instructions. 3.1 We may treat 7.1 Before placing an order for purchase of securities the Customer shall ensure that the e-link Securities Account contains adequate funds to cover the proposed transaction including all apparently transaction related costs such as brokerage, stamp duties, and registration fees and such other fees might be applicable at the time of placing the order. Similarly, before placing an order for the sale of securities, the Customer shall ensure that the e-link Securities Account holds an adequate number of securities to fulfill the Customer’s delivery commitments pursuant to the sale order. The Customer shall also ensure that the securities shall be free from any kind of mortgage or encumbrance of any third party. 7.2 All valid Customer Instructions received orders for sale or purchase of Securities will be forwarded by the Bank through e-link Service to the Hang Seng HSBCnet as instructions properly authorised by youMSM for execution, even if made fraudulently and even if they conflict with provided U Capital shall not be responsible for: (a) any error, omission, non-receipt or invalidity in the terms of any other instructions or mandates given by you at any time concerning your accounts or affairs. We shall be under no obligation to check the authenticity of Customer Customer’s Instructions or the authority any error, omission, non-receipt of the person Instructions to the MSM; (b) any fault, error, defect or persons giving themengineering of the e-link Site or U Capital's computer systems or transmission to the MSM, or any delay, fault, failure in or loss of access to the e-link Site; and (c) any cause beyond the reasonable control of U Capital, including but not limited to, failure of electronic or mechanical equipment or communication lines, unauthorised access or labour problems. 3.2 Where we have reason to believe that a Customer Instruction purporting to come from you has not been properly authorised by you or that any other breach of security has occurred in relation to your use of the Hang Seng HSBCnet, we reserve the right not to act, or to delay acting upon the Customer Instruction and we will inform you as soon as is reasonably possible. 3.3 You are responsible for the accuracy and completeness of Customer Instructions (including the appropriate application of the Security Procedures) and for ensuring that they will achieve your intended purpose. 3.4 You are responsible for ensuring that Customer Instructions are transmitted correctly. Without prejudice to this obligation, we 7.3 U Capital will use reasonable efforts endeavours to dispatch an acknowledgement execute Instructions from the Customer, however U Capital does not guarantee that all Customer Instructions will be wholly or partially executed or will be executed within a reasonable period upon receipt certain time. It is agreed that an order which is rejected by us of a Customer Instructionthe MSM for any reason shall remain declined and shall not be reprocessed. 3.5 In 7.4 U Capital may at its sole discretion, reject any sale or purchase order placed through the event that you request us to cancel or modify any Customer Instruction for whatever reason, we will make all reasonable efforts to comply with your request. However, we are not liable e-link Service for any failure reason whatsoever, including but not limited to cancel the non-availability of funds in the e-link Securities Account or modify non-availability of securities in the Customer Instruction if such a request is received at a time or under circumstances that render us unable to comply with your requeste-link Securities Account. 3.6 Where permitted, we are entitled 7.5 U Capital shall not bear any responsibility for such orders placed through the internet which have failed to debit your accounts, wherever they are situated and whenever they are opened, with any amount that we have paid or incurred in accordance with a Customer Instruction. 3.7 As part of the Services, you may issue a Customer Instruction requesting us to forward certain information to third parties on your behalf. If we agree to act on such request, we will use reasonable efforts to forward any such information to the recipient and address specified in the relevant Customer Instruction within a reasonable time of receipt of such Customer Instruction. You must ensure that the information you ask us to forward is complete, accurate and will not give rise reach it due to any claim against us (including without limitation any claim in defamation, in relation reason. The Client may use the available alternative methods to privacy or data protection or for infringement of any other third party rights). For Bank Use only: Customer ID Section 4have his orders delivered to U Capital

Appears in 1 contract

Samples: E Link Agreement

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