Simple translation of the General Conditions Applicable to the Proposal of Opening and Operation of a Deposit Account, Adhesion to Credit
Products and/or Financial Services – Global Relationship Agreement – Individual, solely for consultation and without legal effectiveness.
GENERAL CONDITIONS APPLICABLE TO THE PROPOSAL OF OPENING AND OPERATION OF A DEPOSIT ACCOUNT, ADHESION
TO CREDIT PRODUCTS AND/OR FINANCIAL SERVICES – GLOBAL RELATIONSHIP AGREEMENT – INDIVIDUAL
The General Conditions herein are an inseparable and integral part of the Proposal of Opening of Checking Account and
Instrument of Option – Individual, hereinafter referred to as Proposal, and is intended to regulate the rights and obligations in the
business relationship established between HSBC Bank Brasil S.A. - Banco Múltiplo, a legal entity of private law with its
principal place of business in the City of Curitiba, State of Paraná, at Travessa Oliveira Bello, 34, Centro, enrolled with the
National Corporate Taxpayers Register (CNPJ) under No. 01.701.201/0001-89, hereinafter referred to as Bank, and the
individual(s) named and identified in the Proposal(s), hereinafter referred to as Client, for purposes of opening a deposit
account, as well as in relation to the option(s) of engagement of credit products and/or financial services freely chosen by the
Client, as the express and unequivocal expression of the Client’s intent.
The General Conditions set forth herein shall not be construed in a manner to limit, restrict or even annul any other specific
provisions or conditions that may be agreed upon between the Bank and the Client by means of proper instruments that are or
may be formalized and made available by the Bank to the Client during the term of effectiveness of the business relationship
established between the parties, especially in relation to the classification of the Client under proper segments of checking
account, as well as in relation to the engagement of credit transactions and financial services.
The Bank shall notify the Client of any changes hereto, using any physical or electronic means made available for that purpose,
which as a result shall produce its legal effect immediately between the parties.
This instrument is registered with the Third Registry of Deeds and Documents of Curitiba, State of Paraná, filed in microfilm
under No. 370.465.
OPENING, OPERATION, MAINTENANCE AND CLOSING OF CHECKING ACCOUNT
1. At the Client’s request, the Bank may approve the opening of a checking account on behalf of the Client with the branch
indicated in the Proposal and the operation, maintenance and closing of the checking account shall be governed by the
applicable legal provisions, the regulatory rules enacted by the National Monetary Council and/or the Central Bank of Brazil and
by the provisions hereunder.
1.1. The deposit account the opening of which is being proposed by the Client may be Individual, Joint-Liability Account, Joint
Account, Child’s Account (Minors under the age of 16) and Minor’s Account (older than 16 and younger than 18 years), as
defined below:
1.1.1. Individual Account: operated by the accountholder or their attorneys-in-fact regularly appointed.
1.1.2. Joint-Liability Account: operated individually or jointly by the accountholders or their attorneys-in-fact regularly appointed.
1.1.3. Joint Account: jointly operated by the accountholders.
1.1.4. Child’s Account: individually operated by the legal person in charge identified in the Proposal.
1.1.5. Minor's Account: operated by the legal person in charge or by the minor, individually, provided that authorized by the legal
representative. Said authorization shall supply the minor’s capacity in all acts performed by them, as though they were
supported therein. In such event, the legal representative undertakes full liability for all obligations undertaken by the minor to
the Bank, especially but not limited to monetary obligations.
2. The inclusion or exclusion of an accountholder of Joint-Liability Account(s) and/or Joint Account(s) shall be made upon a
formal request by all accountholder(s) of the Account or their legal representative(s) or attorney(s)-in-fact with specific powers for
such act.
3. The Client shall keep a balance with sufficient Immediately Available Funds for operating their checking account, which may
be made by means of checks standardized by the Bank, debit card, Electronic Transfer of Funds (DOC), Electronic Transfer of
Immediately Available Funds (TED), credit or debit entries of several origins or any legal form and/or as defined by the Parties.
4. The Client undertakes full liability for the transactions carried out in their checking account, by any of the means available,
which shall be used as provided for herein.
5. Orders for transfer of amounts, including electronically, shall be solely made by means of debit from the checking account
indicated in the Proposal, from which all financial charges, taxes, contributions and/or tariffs that may be applied on said transfer
orders shall be also debited. The amounts of the tariffs shall be available for consultation by means of the Table of Services
Subject to Tariffs, affixed on the Bank facilities or at the Internet site www.hsbc.com.br.
6. The operation of the checking account shall be subject to previous determination by the Bank of absence of any irregularities
or inconsistencies in the identification and/or record data of the Client, of their legal representative and/or their attorney-in-fact.
6.1. Upon the determination of any irregularity(ies) and/or inconsistency(ies) not remedied by the Client, the Bank shall be
entitled to close the checking account, in accordance with the applicable legal or regulatory provisions.
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6.1.1. As long as any irregularity(ies) and/or inconsistency(ies) remain in relation to any documentation of the Client submitted
for opening of the checking account, the Bank, in accordance with the applicable regulations, shall not:
a) grant credit or financing of any kind whatsoever to the Client;
b) accept funds for deposit in cash or for financial investments of any kind whatsoever;
c) provide check books and/or cards to the Client.
7. Deposits in checks or Electronic Transfers of Funds – DOC shall be solely deemed available and released after proper
clearance and settlement, with due regard for the terms established by the Central Bank of Brazil, such terms being available for
consultation by the Client at the Bank facilities.
8. In transactions in the checking account represented by deposits or cash drafts, issuance of banker's checks, completion of
Electronic Transfer of Immediately Available Funds (TED), Electronic Transfers of Funds (DOC), payments or receipts in cash of
any kind whatsoever, the Client, for purposes of fulfillment of the applicable regulations, undertakes to identify the
accountholder, the beneficiary and the bearer of the funds transacted.
9. It is hereby established that drafts made abroad shall represent foreign exchange transactions, and the corresponding
amounts, accrued by the tariffs in foreign currency, shall be exchanged into Brazilian currency based on the quotation applicable
on the transaction date and then debited from the checking account of the Client.
10. The Bank, by indulgence and at its sole discretion, may make funds available in the checking account even before the
actual clearance and/or settlement of check(s) or DOCs, as well as accept uncovered drafts and/or debits, which shall be
deemed a transaction of Advance to Depositors - ADP.
10.1. Upon the occurrence of the event set forth in item 10, the Client shall restore the balance of the account on the same day,
otherwise the Client shall be in default of their obligations and shall refund the Bank for the amounts due from the date of
characterization of default to the date of the respective payment, accrued by the following financial charges: (i) conventional
interest at the rate applicable to transactions of Advance to Depositors – ADP applicable at the time, as disclosed by the Bank
by means of the channels, including electronic ones, made available for that purpose; (ii) default interest of 1% per month
calculated on a prorata tempore basis on the amount due; (iii) fine of two percent (2%); (iv) Tariff for the service of information
survey and evaluation of feasibility and risks for granting credit on an urgent basis for coverage of outstanding balance in
checking account and on the applicable overdraft facility limit, the amount of which is set forth on the Table of Services Subject
to Tariffs, affixed on the Bank facilities or by means of the Internet site www.hsbc.com.br; and (v) Tax on Financial Transactions
– IOF as provided for by the applicable law.
10.2. The charges referred to in the section above shall be calculated on the total outstanding balance ascertained, which
means the credit facility in the checking account accrued by the amount ascertained by way of overuse of credit facility, until
actual refund thereof to the Bank.
10.3. The Client hereby authorizes the Bank, at any time and pursuant to its internal credit and data record policies, to review
and automatically grant to the Client a credit facility in the checking account, referred to as Overdraft Facility, intended to
provide said checking account with sufficient funds to bear debit entries, limited to the amount and term solely established by the
Bank and informed by means of the checking account statement, which shall be governed by the conditions set forth herein,
pursuant to the Conditions Applicable to the Overdraft Facility.
11. In transactions of deposit with checks, solely amounts actually checked and authenticated by the Bank shall be accepted,
which the Client hereby acknowledges to be legal, clear and lawful for all legal purposes.
12. The Bank, by means of disclosure in the communication channels used for that purpose, may establish limits of amounts
and hours for completion of transactions at its facilities and/or through any electronic channel that is or may be made available in
the future, both for financial transactions, engagement of credit transactions, as well as for use of the card in the debit function.
13. The Client may appoint attorney(s)-in-fact for opening, operating or closing the checking account, upon submission of a
power of attorney drawn up by means of a public or private instrument, containing specific powers and preferably for a definite
term for that purpose. For security purposes, it is hereby established that the power of attorney by means of public instrument
granted for an indefinite term shall be solely accepted by the Bank if it has been granted no more than five (5) years ago, and in
relation to a private instrument, no more than three (3) years ago.
13.1. In case that the Client is represented by attorney(s)-in-fact or legal representative(s), the Client hereby acknowledges that
the powers of attorney or instructions by means of public or private instrument shall be solely deemed amended, revoked and/or
cancelled for all legal purposes as from the receipt of a written communication, with acknowledgement of receipt of the Bank,
and that the failure to provide such communication shall exempt the Bank from any and all liability for any losses that may occur
in connection with the failure to comply with such formality by the Client.
14. The Bank may establish, upon prior communication by means of the channels available for that purpose, a requirement for
minimum average balance for maintenance of the checking account.
15. The checking account may be closed at any time, on the initiative of the Bank or the Client, by means of a written closing
request, to be sent by one party to the other, in compliance with the following procedures:
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15.1. The request for closing a Joint-Liability Account may be made individually by any of the accountholders or by their legal
representatives or attorney(s)-in-fact, in which case the accountholders shall be subject, as applicable, to the rules of active and
passive joint liability provided for by the civil law.
15.2. In case of a Joint Account, the request for closing shall be solely made upon the signature of all accountholders or of their
legal representative(s) or attorney(s)-in-fact.
16. The Client shall return to the Bank the check books and/or checks, the magnetic card and any other instruments or devices
related to the checking account. If said instruments are rendered useless by the Client, such fact shall be notified to the Bank in
writing upon closing of the account.
17. The Client shall maintain sufficient and immediately available funds for settlement of any monetary commitments and
obligations undertaken to the Bank hereunder, including but not limited to credit transactions, debit orders, whether scheduled
or not, financial charges, expenses and tariffs pending payment or settlement. Any checks suspended, revoked or cancelled by
the Bank or by the Client which are submitted once the account has been closed and within the period of statutes of limitation
shall be returned unpaid for the corresponding reasons, even after closing of the checking account, and the Client shall not be
exempted from their legal obligations and may even be included in the Record of Issuers of Uncovered Checks – CCF.
18. The Client hereby acknowledges that any credit balance existing in the checking account to be closed or any investments
related thereto shall be redeemed and/or transferred by the Client on the date of the request for closing the checking account.
The failure of the Client to do so shall result in such balance being made available in a payment order or banker's check on
behalf of the Client, crossed for deposit only and non-transferrable, in the amount determined, which shall remain available for
the Client at the branch indicated in the Proposal. No remuneration whatsoever shall accrue on the credit balance ascertained
and made available to the Client by any of the means defined herein.
19. The Bank shall supply to the Client an instrument of request for closing checking account upon the closing request,
containing all information related to the account to be closed, as well as a statement of any obligations to be fulfilled by the
Client within thirty (30) days.
20. The Bank shall have thirty (30) days to process the account closing and, at its discretion, may indicate on the instrument of
closing the date on which the account shall be closed or, once the procedure has been completed, the Bank may issue a notice
to the Client, including by electronic means, informing the actual closing date or, in case that the conditions for closing the
account have not been met by the Client, a letter shall be sent informing the impossibility of closing the account.
21. The Bank reserves the right to close the checking account at any time, irrespective of termination notice, upon the
occurrence of any of the following events: (i) pursuant to an order issued by an applicable authority, with formal communication
to the Central Bank of Brazil; (ii) if the Bank finds any irregularity and/or inconsistency in the information provided or in the
documents submitted by the Client for opening the checking account, as well as in the corresponding data record updates; (iii) if
the Client transacts any amounts arising out of activities deemed irregular or unlawful under the applicable law and regulations;
(iv) transactions incompatible with the financial capacity or with the activities performed by the Client and (v) suspension or
cancellation of the Client’s enrollment with the Individual Taxpayers Register (CPF) or any other irregularities therein, as
determined by the Brazilian Internal Revenue Office. In such event, the Bank, at its discretion, may send a prior notice to the
Client requesting the regularization of the record situation of the CPF with said body.
21.1. If a checking account closed pursuant to the provision above has a credit balance, such balance shall be made available to
the Client by the Bank. However, if the account has an outstanding balance, the Client’s obligation of regularization and
payment shall continue and the Bank may use all legal means for collection of its credit, including in relation to the use of funds
arising out of any credit transactions or financial investments kept by the Client with any other companies of the same group of
the Bank, for repayment or settlement of the existing outstanding balance.
22. The Client hereby acknowledges and agrees that the absence of transactions in the checking account for a certain period of
time may result in automatic closing thereof.
22.1. The Client undertakes to notify the Bank immediately upon the determination of any undue credit or debit entry in the
Client’s deposit account
22.2. The Client hereby authorizes the Bank to make any reversal entries as required to correct any undue entries arising out of
any operating or system failures resulting in debit or credit in the Client’s deposit account, being establishes that any undue
entry shall not be deemed balance available in the Client’s account.
23. The Client and/or their legal representative(s) and/or attorney(s)-in-fact hereby acknowledge and agree that the supply of
check books by the Bank is cumulatively subject to:
(i) submission of proof of income of the Client in accordance with the professional activities declared;
(ii) absence of any credit restrictions on behalf of the Client or of their legal representative(s) or attorney(s)-in-fact,
including in relation to the inclusion or annotations of the respective names in any credit restriction bodies;
(iii) absence of any irregularities in the record data and identification documents of the Client and/or of their legal
representative(s) and/or attorney(s)-in-fact;
(iv) regular situation of the CPF of the Client and/or their legal representative(s) and/or attorneys-in-fact, provided that no
situations of cancellation, suspension, regularization pending matter or annulment of said document shall be accepted;
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(v) absence of any restrictions or irregularities in the use of checks by the Client and/or in the operation of their checking
account with the Bank or any other financial institution;
(vi) absence of repeated suspension, return or revocation of checks of the Client; and
(vii) absence of repeated use of credit facilities by the Client in excess of the limit established by the Bank.
23.1. When the supply of checks is approved by the Bank, the Client shall be entitled to the supply of up to ten checks per
month free of charge under the applicable regulations.
24. Upon the occurrence of any of the events set forth in the section above or any irregularities relating to the documentation of
the Client or of their legal representative(s) or attorney(s)-in-fact in the course of their relationship with the Bank, the supply of
check books may be suspended until regularization of the issue.
25. The Client may request check books to the Bank, subject to fulfillment of the requirements set forth herein and in the
applicable regulations, by means of a specific instrument to form an integral and inseparable part hereof.
26. The check books shall at all times be delivered at the address indicated by the Client in the Proposal (as long as the branch
does not have such service), by means of outsourced service providers, which is hereby expressly authorized by the Client, who
is entitled to Client change the delivery method and instead receive the check books at their branch. If the branch does not have
the delivery service of check books at home, the check books shall be received by the Client at the branch indicated in the
Proposal.
27. The indication of the correspondence address where the check books requested shall be delivered, as well as the
communication of any changes in such address to the Bank shall be the sole liability of the Client.
27.1. Check books delivered at home shall be sent packaged in sealed envelopes and shall be automatically unblocked.
28. The checks shall be mandatorily filed out without amendments or erasures, and the check book(s) shall be securely stored
by the Client.
29. In any events of suspension or revocation of checks, the Client shall notify the Bank by means of a written request, which
may be made by physical or electronic means, with the use of the respective secret password or security device, subject to be
used as proof for legal purposes, including a statement with detailed indication of the reasons for such suspension by the Client,
except for in case of theft, robbery or loss of a check issued by the Client or in blank, in which case the statement shall be
replaced with a copy of the respective Police Report (BO) drawn up by the applicable police authority, to be delivered to the
Bank.
29.1. The requests for suspension or revocation of checks may be made on a temporary basis, by any communication means,
including by telephone, in which case such suspension or revocation shall be kept for a maximum term of two (2) business days
and upon expiration thereof, unless it us confirmed to the Bank, it shall be deemed null.
29.2. The suspension, opposition, and/or counter-orders, revocation of checks are subject to the collection of tariffs, the amount
of which may be consulted at the Table of Services Subject to Tariffs affixed at the Bank facilities.
30. If the Client fails to send the prior notice and the request of suspension of a lost, stolen or robbed check to the Bank or fails
to recognize any false or tampered check, the Client shall be liable for payment thereof.
31. The original checks cleared may be immediately destroyed by the Bank after microfilming or digitalization thereof, a
procedure which is hereby authorized by the Client.
32. Deposits of checks in ATMs shall be mandatorily made separately from other transactions, inside standard envelopes
supplied by the Bank, duly closed and with due regard for all instructions set forth on said envelopes.
33. Deposits of checks shall take into account the rules relating to the clearance of amounts and the release terms established
by the Bank, in accordance with the standards adopted by the financial institutions and in compliance with the applicable
regulations.
34. The Bank, at its discretion, may provide information relating to any stolen/lost check(s) issued by the Client to any
institutions authorized to provide such information to third parties as a method to prevent liabilities for both the Client and the
Bank.
35. The Client shall be entered in the Record of Issuers of Uncovered Checks – CCF in the events provided for by the
applicable regulations, especially in the event, if any, of return of uncovered checks for a second time, in which case the Client
shall be subject to payment of tariffs.
35.1. In case of checks issued by the accountholder of a joint-liability account or joint account without sufficient provision of
funds, the Bank shall enter the name and corresponding CPF number of the accountholder that issued the check in the CCF.
35.2. Upon the inclusion of the Client’s name in the CCF, the Bank, in compliance with the applicable regulations, shall
suspend the supply of check books and the Client shall be required to return to the Bank any unused checks and shall be held
liable, under the civil and criminal law, for any misuse of the checks.
35.3. At the request of the Client that issued a check entered in the CCF, for sole purposes of payment thereof and upon
submission of a copy of the check, the Bank shall inform the full name and home and business addresses of the beneficiary of
the deposit, provided that expressly authorized by such party.
35.4. The Client’s name shall be automatically excluded from the CCF after expiration of the term established by the applicable
regulations or at any time, upon submission, by the Client, of the documents required by the Bank and by the National Monetary
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Council, and the Client acknowledges that such service may result in collection of a tariff, the amount of which is set forth on the
Table of Services Subject to Tariff, available at the Bank facilities or accessible at the Internet site www.hsbc.com.br.
36. Checks submitted prior to the occurrence of statutes of limitation and after the checking account has been closed, which
have not been suspended or revoked yet, shall be returned under the justification of “closed account”, and as a result the
Client’s name shall be entered in the CCF and the Client shall remain subject to the obligations arising therefrom.
SAVINGS ACCOUNT
37. The Client may request to the Bank the opening of a Savings Account by checking the option in the Proposal or by means
of a specific instrument made available by the Bank.
38. For transactions in the savings account by a minor accountholder under the age of sixteen years using a debit card, the
minor shall be at all times represented by the legal person in charge indicated in the Proposal or by means of a specific
instrument of request for opening of a savings account. The opening of minor’s account and the subsequent performance of
drafts and deposits are subject to criteria established by the Bank, pursuant to the applicable law and as available for
consultation at the branches.
39. The Client may choose to link their savings account to their checking account indicated in the Proposal and may transfer
funds between them.
40. The Client that is the accountholder of the savings account shall be a depositor of the Savings with the Bank, as provided
for by the law and regulations applicable to that matter, and the savings account is nominal and non-transferrable.
41. Deposits made on any dates other than the anniversary date shall be treated as sub-accounts and be entitled to returns
within the term defined by law as from the date of such deposits.
41.1. Upon a request for redemption, the amount shall be redeemed from the account with anniversary on the same date of the
draft, or if that is not possible, it shall be redeemed from accounts with previous anniversary dates, until the claimed amount has
been reached.
42. Returns shall be credited in the savings account on the first business day once a full month has elapsed since the date of
each deposit made. A full month means the period of time from the date of each deposit in the savings account to the business
day immediately before the same date on the subsequent month. Saturdays, Sundays and bank holidays are not deemed
business days.
43. For accounts or sub-accounts opened on days 29, 30 and 31, the full month shall at all times start to count on the first day of
the immediately subsequent month.
44. The returns shall accrue on the amounts that remain deposited in the savings account for the minimum period of time
established by the applicable rules, at the rate disclosed by the Central Bank of Brazil for deposits in savings accounts, on the
smallest balance existing in the amount during the full month, plus interest at the monthly rate of a half percent (0.5%) per
month, calculated on the smallest daily balance existing in the account, previously accrued by the monetary restatement under
the applicable law. Said criterion may change at any time, irrespective of any specific prior communication, whenever there is
any change in the law or regulations enacted by the applicable authorities.
44.1. In case of cancellation of the savings account before completion of a full month, the Client shall not be entitled to any
returns.
45. The Bank may establish a minimum balance for maintenance of the savings account or even maximum amounts to receive
deposits in savings account. In such event the Bank shall notify the Client of such amounts by the means or channels made
available by the Bank for that purpose, including electronic means.
46. The savings account is subject, as applicable, to the same rules for opening, transaction and closing as the checking
accounts as provided for herein.
47. The Central Bank of Brazil, at any time, may change the proper law applicable to savings accounts, which shall thereinafter
and in any event be governed by any such new rules.
SCHEDULED SAVINGS
48. The Client may engage the scheduled savings service in their savings account, i.e., the Scheduled Savings, by marking that
option in the Proposal or by means of a specific instrument made available by the Bank.
48.1. The engagement of the Scheduled Savings shall authorize the Bank to debit amounts defined by the Client from their
checking account, on a monthly basis, automatically and for an indefinite term, and to credit such amount in any savings
account(s) that is/are or may be opened and indicated by the Client.
48.2. Debits and transfers authorized by the Client for credit in the savings account(s) shall not be made, unless there is
balance available in the checking account on the date chosen by the Client for the scheduled deposit in the savings account.
48.3. Upon the occurrence of the event set forth in the section above, the Bank shall be exempted from any liability for the nonoccurrence of the investment.
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48.4. The Bank, at any time and at its discretion, may suspend any direct debits from and deposits in a savings account, as
provided for herein, upon prior notice sent to the Client at least two (2) days in advance by any means or channels made
available by the Bank for that purpose, including electronic means.
49. The Client may cancel the authorization for Scheduled Savings by means of a communication sent to the Bank at least five
(5) days in advance of the date of the next authorized debit.
REMUNERATED ACCOUNT
50. The Client may engage the Remunerated Account, which means a multi-date savings account that may automatically
receive entries and corresponding credit transfers resulting from any balance available in the checking account of the Client.
50.1. In case that the Client chooses the engagement of the Remunerated Account linked to the Client’s checking account in
the Proposal, the Client hereby authorizes the Bank to make any transfers for debit and credit purposes between the checking
account and the remunerated account, respectively.
50.2. The transfers referred to in the section above shall be made on a daily basis, after verification and closing of the balance of
the checking account. For the purposes hereof, the limit of any overdraft facility, blocked amounts and/or unavailable funds or
even preapproved credit facilities shall not be deemed balance available.
50.3. The Bank shall make automatic redemptions from the Remunerated Account, up to the limit of the balance available
therein, and shall make the credit thereof in the checking account kept by the Client, in order to enable the settlement of all
obligations undertaken by the Client by means of transactions in their checking account.
50.4. The Client may request the deactivation of the Remunerated Account, within ten (10) days, by means of the channel Meu
HSBC Telefone or directly at the branch of the Bank with which the checking account is kept.
50.5. The Client hereby acknowledges that the Remunerated Account, due to its specific characteristics, shall not be available
for free operation, i.e., the Client shall not make deposits, drafts or any other transactions directly therein.
50.6. The returns of the Remunerated Account shall be credited on a monthly basis, with due regard for the same regulatory
conditions applicable to savings accounts.
50.7. The Client authorizes the Bank, in case of cancellation of the Remunerated Account, irrespective of the reason, to credit
any amount existing in the Remunerated Account in the checking account.
50.8. The Remunerated Account may be discontinued or even cancelled at any time by the Bank, upon prior communication to
the Client at least two (2) days in advance, by any of the means or channels made available by the Bank for that purpose,
including electronic means.
50.9. The Client acknowledges and agrees that the Remunerated Account is subject to minimum and maximum limits per
investment and balance, in accordance with the offering policy of the product, which may be modified by the Bank at any time.
51. The Bank may also make investments and redemptions for other modalities of investments when formally requested by the
Client, by any means existing now or to be made available in the future, including by means of the channels Meu HSBC
Telefone and/or Meu HSBC Caixas Automáticos and/or Meu HSBC Internet and/or directly via branch, at all times with due
regard for the applicable legal and regulatory provisions at the time of the instructions.
DEBIT CARD
52. The Bank shall supply a magnetic card with the debit functionality as one of the methods for the Client to operate their
deposit accounts and make payment of any goods and/or services purchased from the associated network, with due regard for
the specific conditions for that purpose.
53. The Client shall receive the debit card in a sealed envelope, at the correspondence address informed in the Proposal,
together with the password attributed by the Bank or chosen by the Client, with due regard for the system limitations of the
Bank which, in both cases, is confidential and not known by or has the involvement of any employee or agent of the Bank. Such
password shall constitute the signature by electronic means and shall not be informed to any third parties nor written down near
the card, and the Client shall be liable for any lien arising out the undue exposure of their electronic password.
54. The debit card shall not be transferred and is intended for the personal use of the Client only, who undertakes to sign the
back side of the card immediately upon its receipt.
55. The debit card shall be used with the entry of the electronic password and/or the security key, which shall be deemed, for all
legal purposes and effects, express and unequivocal proof of the Client’s intent and generate the same effects of a lawful
signature for all legal purposes in relation to any debit entered in the Client’s deposit account.
56. The Client is liable for the safeguard and maintenance of the debit card, as well as for immediate communication of loss,
misplacement, theft, stealing or suspected fraudulent use of the card. The failure to so notify exempts the Bank from any liability
for losses caused to the Client or to any third parties for any misuse of the card.
57. Drafts and/or debits using the debit card at Meu HSBC, ATMs, ATMs of third parties associated with the Bank, POS
Terminals of the Network associated with the Bank and Network Terminals Interconnected with the Bank are regulated by these
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Products and/or Financial Services – Global Relationship Agreement – Individual, solely for consultation and without legal effectiveness.
provisions and shall be debited from the account of the Client. Therefore, any debit balance shall be subject to the provisions
hereof, especially in relation to the application of financial charges, taxes and tariffs.
58. In relation to the approved credit facility in the checking account the Bank reserves the right to modify the conditions of use
of the debit card in relation to the maximum amount permitted for drafts or withdrawals and/or the cycle for drafts, as well as to
request its return and/or cancellation and/or blocking in case of use in breach of the rules or conditions set forth herein. Such
return, if requested by the Bank, shall be made immediately, the debit card shall no longer be used as from such date, and the
Client shall be held liable under the civil and criminal law for any further use of the debit card.
59. Drafts and/or any debits using the debit card shall result in automatic debit from the account, and the Client hereby
undertakes to keep sufficient balance of immediately available funds in the account in order to fulfill any transactions completed.
60. Payments shall be solely accepted with the use of the debit card if the Bank is authorized to receive such payments and
provided that they are made in the same municipality of location of Meu HSBC Caixas Automáticos, ATMs of third parties
associated with the Bank, POS Terminals of the Network associated with the Bank and Network Terminals Interconnected with
the Bank, used for that purpose. Such payments may be made by means of automatic debit from the account indicated in the
Proposal or, when made from the checking account, with check of the Client, to be cleared in the same municipality which, for
deposits in Meu HSBC Caixas Automáticos, ATMs of third parties associated with the Bank, POS Terminals of the Network
associated with the Bank or Network Terminals Interconnected with the Bank, shall be crossed for deposit only and have
indication on the overleaf thereof of the branch with which the beneficiary(ies) hold(s) an account, the number of such account
and the reference of the bills to be settled with such check.
61. The Client shall be liable for the tariff of the service for production of a duplicate debit card and/or a card with savings
account transaction functionality, in accordance with a request for replacement made by the Client in view of loss, theft or
damage [of the card] or any other reasons not attributable to the Bank. The amount of the tariff is available at the Table of
Services Subject to Tariff, available at the Bank facilities or accessible on the Internet site www.hsbc.com.br.
61.1. The Client hereby authorizes the Bank to debit the amount of the tariff from the checking account.
62. Any irregular transaction in the account by means of transactions completed with debit card and the use of the electronic
password shall be the full liability of the Client.
63. Transactions completed with the debit card shall not exceed the maximum amount permitted per cycle and shall result in
automatic debit from the Client’s account.
64. The Client authorizes the Bank to issue a Multiple Card for the checking account, in which case the credit functionality shall
be blocked and shall be solely activated if the Client requests the unblocking thereof and enters into a Service Agreement of
Issuance, Use and Management of the HSBC Credit Card.
DIRECT DEBIT
65. Direct Debit is a service whereby the Client records its consumption bills and bills of creditors that are associated with the
Bank, authorizing the payment of such bills on the respective due dates by means of debit from the checking account or the
savings account.
66. By authorize the direct debit, the Client authorizes the Bank to make the payment of its bills that are or may be recorded in
the future, for an Indefinite term.
67. The recording, inclusion or exclusion of consumption bills and bills of creditors associated with the Bank may be made via
Meu HSBC Telefone, Meu HSBC Caixas Automáticos and/or Meu HSBC Internet on cashier’s counters, Meu HSBC Internet or
Meu HSBC Telefone or any other means that may be made available by the Bank.
68. The direct debit service shall be solely provided by the Bank after proper update of the creditor’s data record, the terms of
which shall be informed by the branches of the Bank, and the confirmation shall be made as from the receipt of the first bill
containing a statement of direct debit.
69. The Client is aware that direct debits shall not be completed if, on the due date or within the maximum term granted by the
creditor for payment, the Client does not have sufficient balance in available funds in the checking account, in which case the
Bank shall be exempted from any liability for non-compliance with the payment obligation.
69.1. Upon the occurrence of the event set forth in the main section hereof the Bank is authorized to return the information to
the creditor, and the Client shall be liable for setting the debit(s) directly with the creditor.
70. It is incumbent upon the Client to monitor the authorized direct debts shown on the bank statements made available by the
Bank.
71. The Client shall notify the Bank, within five (5) business days as from the due date, of any authorized debit(s) not completed
in the Client’s account on the due date, except in case of insufficient balance, for analysis and adoption of proper measures.
72. The Client acknowledges and authorizes the Bank to automatically cancel the authorization of Direct Debits upon the
occurrence of any of the following events:
a) lack of sufficient balance of immediately available funds in the checking account or savings account for three (3)
consecutive months;
Global Relationship Agreement – Individual – Jan/13
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Simple translation of the General Conditions Applicable to the Proposal of Opening and Operation of a Deposit Account, Adhesion to Credit
Products and/or Financial Services – Global Relationship Agreement – Individual, solely for consultation and without legal effectiveness.
b) creditor’s failure to send the amount for debit for six (6) consecutive months, or;
c) at the request or due to cancellation of the agreement entered into with the Bank and the creditor company /
concessionaire.
73. The Bank shall accept written request(s) of the Client for cancellation of the direct debit, provided that formalized at least
one (1) business day in advance of the date of the respective debit, by means of the channels made available by the Bank for
that purpose.
TARIFFS FOR USE OF BANK SERVICES AND SERVICE PACKAGES
74. The Client acknowledges that the use of some products and/or services offered by the Bank is subject to collection of tariffs
pursuant to the applicable regulations, as set forth on the Table of Services Subject to Tariff available at the Bank facilities or
accessible on the Internet site www.hsbc.com.br.
74.1. The Client may choose to engage one of the Service Packages offered by the Bank. The Service Package means certain
modules composed of a given quantity of products and services which the Client may use subject to tariffs, upon the payment of
a single and defined amount to be ascertained and collected on a monthly basis, after thirty (30) days from the date of adhesion
thereof by means of the Proposal of a specific instrument.
74.2. The Client that chooses any of the Service Packages shall have the general information about them, including but not
limited to: consultation methods; manner of use; type, composition of the Service Package and respective monthly amount. Said
information shall be available at Meu HSBC Internet, as well as by means of other channels made available by the Bank for that
purpose, including other electronic channels.
74.3. If the Client wishes to cancel the option or change the initial option of Service Package, the Client shall do so in the
branch in which the checking account is kept or by any of the Client service means or channels made available by the Bank for
that purpose, including the electronic means.
74.4. The use of any products and services not included in the Service Package chosen by the Client or the use of such
products and services in quantities greater than those set forth in the Service Package shall result in collection of individual
tariffs, if applicable, in accordance with the amounts set forth in the Table of Services Subject to Tariff, available at the Bank
facilities or accessible on the Internet site www.hsbc.com.br.
75. The Bank reserves the right to establish specific conditions for the offered Service Packages in accordance with the Client
segment defined by the Bank, with applicability of is internal policies, including in relation to the Client’s access to a products
and/or services offered by the Bank or by the institutions of the HSBC Group in Brazil or abroad.
75.1. For that purpose, upon the opening of the checking account with the Bank, the Client shall receive, in addition to the
provisions set forth herein, a detailed material named “welcome kit” containing specific provisions for purchase and maintenance
of credit products or financial services, as well as in relation to the Service Packages available.
75.2. In view of the provision of the section above, if the Client is not classified, now or in the future, in any of the segments
defined by the Bank, whether at the Client’s choice or because the Client no longer fulfills the internal policies of the Bank
required for maintenance of the Client’s condition, whether before the Bank in Brazil or in any country where the Client keeps
their HSBC checking account, their non-classification under any of the conditions shall affect their condition in every other
countries where the Client keeps a checking account, which shall result in the impossibility of remaining in the Service Package
defined for the segment for which the Client is no longer qualified and, as a result, the Client shall opt for another Service
Package.
75.3. Any change or cancellation of the Service Package by the Client or by the Bank may result in cancellation of one or more
products or services previously available to the Client.
75.4. The Bank shall notify the Client of any disqualification as referred to in the section above, seven (7) days in advance, by
means of the channels made available for that purpose, including the electronic channels.
76. In order to receive the monthly statement at their home via mail, the Client shall choose such option and, in case that the
service is not included among the services available in the Service Package selected by the Client, it shall be charged at the
individual tariff set forth on the Table of Services Subject to Tariff, available at the Bank facilities or accessible on the internet
site www.hsbc.com.br.
77. The Client irrevocably and irreversibly authorizes the Bank to debit from their checking account the bank tariffs relating to
any products and/or services requested and/or used by the Client, the amount(s) of which is/are set forth on the Table of
Services Subject to Tariff, available at the facilities of the Bank or accessible on the internet site www.hsbc.com.br.
78. The debit of the amount of the individual bank tariffs or of the single amount of the Service Package selected by the Client
shall be made upon the existence of balance available in the checking account, which means, for that purpose, the Client’s
funds available plus any overdraft facility made available by the Bank.
78.1. In case of insufficient balance available to enable the payment of individual tariffs or of the single amount of the Service
Package selected, the Bank may use the remaining balance as many times as it may be required for amortization or settlement
of the corresponding amounts, and the Client hereby agrees and authorizes such procedure.
Global Relationship Agreement – Individual – Jan/13
8/16
Simple translation of the General Conditions Applicable to the Proposal of Opening and Operation of a Deposit Account, Adhesion to Credit
Products and/or Financial Services – Global Relationship Agreement – Individual, solely for consultation and without legal effectiveness.
CONDITIONS APPLICABLE TO THE CREDIT CARD
79. The Client expresses by means of the Proposal their adhesion to and engagement of the Credit Card system, the credit limit
of which, as well as the amounts, terms and financial and default charges shall be set forth in the monthly payment invoices
supplied by the Bank in charge of the issuance and management of the credit cards.
79.1. By choosing the issuance of the credit card the Client declares to adhere to and fully agree with the provisions set forth in
the Service Agreement of Issuance, Use and Management of the HSBC Credit Card with the brand chosen by the Client and
approved by the Bank, which is filed with the following Registries of Deeds and Documents of Curitiba, State of Paraná: HSBC
Classic Credit Card, 2nd Registry under No. 1.012.398; OpenCard, SuperClass Card, GoldCard, Auto Gold Card Cards, 2nd
Registry under No. 1.012.400; HSBC Advance, HSBC Premier MasterCard and Platinum, 2nd Registry under No. 1.012.399;
Instituto HSBC Solidariedade Card, 2nd Registry under No. 1.012.423 and 1.012.424; Victoria da TAP, Delta SkyMiles and
Compliments from Accor Hotels Cards, 2nd Registry under No. 1.012.404; Fuel Card, 2nd Registry under No. 1.012.403. The
Client acknowledges the content of said instruments, a copy of which is made available to them by the Bank by the means and
channels available for that purpose, including the electronic channels.
79.2. The Client shall indicate the numbering (1, 2 or 3) in the Proposal, establishing the order of preference next to the desired
brand (Visa, MasterCard or American Express), subject to the credit analysis of the Bank and to the policy of the card chosen
and, if not approved, the Client shall be classified under another preferred brand. If no brand is approved by the Bank for the
Client, the credit card shall not be issued to the Client.
79.2.1. It is established that “1” means the first preference, “2” means the second one and “3” means the third preference of
credit card brand.
79.3. The type of Credit Card chosen by the Client in the Proposal is subject to data record and credit analysis by the Bank and,
if not approved, the Client may be classified under another type. If no type of credit card is approved by the Bank, none shall be
issued to the Client.
80. By choosing one of the Fidelity Programs of the HSBC Cards the Client declares that they received, is aware of and agrees
with the rules set forth in the corresponding Regulations.
81. Furthermore, the Client appoints as beneficiary(ies) of the additional card the individual(s) indicated in the Proposal, who
shall be older than sixteen (16) years and subject to the same provisions set forth herein and in the agreement that shall govern
the use of the credit card.
82. The password may be attributed by the Bank or chosen by the Client, shall be supplied under secrecy, be equivalent to the
Client’s signature by electronic means and shall not be disclosed, as it is intended for the personal and non-transferrable use of
the Client and the Bank shall not be liable for any loss resulting from the use of the Card password by any third parties.
83. If the Client chooses to purchase the Credit Card Financial Protection Insurance in the Proposal, the premium charged for
said insurance shall be established pursuant to the credit facility available to the Client. The adjustment shall be made in
accordance with changes in the credit facility amount of the Credit Card, as provided for in the Contractual Conditions of the
Insurance which form an integral and inseparable part of this Agreement, the content of which is acknowledged by the Insured
(SUSEP Proceeding No. 15414.003492/2007-85).
84. By choosing the Insurance for Protection against Loss and Theft the premium charged for this insurance shall be four Reais
and ninety cents (R$4.90), an amount to be adjusted on a yearly basis in accordance with the adjustment index set forth in the
Contractual Conditions of the Insurance which form an integral and inseparable part of this Option Agreement, the content of
which is acknowledged by the Insured (SUSEP Proceeding No. 15414.000331/2008-11 and 15414.002909/2006-10).
CONDITIONS APPLICABLE TO THE OVERDRAFT FACILITY
85. Once chosen by the Client in the Proposal and after the data record and credit analysis of the Bank, the Bank may provide
a revolving credit facility in the checking account referred to as Overdraft Facility, intended to provide sufficient funds in said
checking account to bear any debits, limited to the amount and term exclusively established by the Bank.
86. The Client agrees and accepts that the Client shall keep sufficient balance in immediately available funds in the checking
account to bear the debit of any financial charges, taxes and tariffs levied upon the credit facility made available.
87. At any time the Bank may carry out data record and credit analysis of the Client and provide the Client with a revolving
credit facility in the checking account. In such case the information relating to the credit facility amount, interest rate, effective
date and other conditions applicable to said credit facility shall be informed by the Bank to the Client by means of messages in
hard-copy or electronic checking account statements, direct mail, Meu HSBC Internet or any other means and channels made
available by the Bank for that purpose, including the electronic channels. For that purpose, the Client acknowledges and
accepts said communication means and channels as valid and that said communications shall form an integral part hereof as if
the provisions thereof had been transcribed hereinto.
Global Relationship Agreement – Individual – Jan/13
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Simple translation of the General Conditions Applicable to the Proposal of Opening and Operation of a Deposit Account, Adhesion to Credit
Products and/or Financial Services – Global Relationship Agreement – Individual, solely for consultation and without legal effectiveness.
88. The initial term of granting of the credit facility available in the checking account and the due date of said credit facility shall
be informed on the checking account statements made available by the Bank to the Client, which may be automatically and
successively renewed for identical, shorter or longer terms, irrespective of the execution of any Amendment hereto.
89. The Bank reserves the right not to renew the credit facility and, in such event, the Bank shall notify the Client at least five
(5) days in advance by any of the means or channels, including the electronic channels made available for that purpose.
90. The Client may request cancellation of the credit facility at any time upon communication addressed to the Bank and shall
undertake to fully settle any outstanding balance ascertain at such time, as well as the tariffs, taxes and any other expenses
pending payment.
91. The Client acknowledges and agrees that, when using the Overdraft Facility made available by the Bank, the Client shall
not make any drafts or give rise to any debits that are uncovered in any amount in excess of the credit facility made available
and that, upon such occurrence, the Client shall automatically bear any financial charges, tariffs, commissions and taxes levied
upon the ADP (Advance to Depositors), as set forth in item 10, 10.1 and 10.2 hereof.
91.1. No Advance to Depositors – ADP made by the Bank to the Client by indulgent shall be construed as the increase,
modification or even novation of the credit facility provided nor shall it affect the Bank’s right to declare acceleration of the debt.
92. The amount of the revolving credit facility in the checking account shall be shown on the checking account statements made
available by the Bank to the Client, which, once ascertained as set forth herein, shall be deemed clear, legal and payable and
form an integral and inseparable part hereof.
93. The Client acknowledges and agrees with the right vested in the Bank to modify the credit facility granted, at any time, in
relation to the due dates, the financial charges levied thereupon, the collection method or the calculation periodicity, in view of
any changes in the macroeconomic conditions and in the financial market, in the rules applicable to that kind of transactions or
even in accordance with its credit policy.
94. The Bank may increase, decrease or even cancel the revolving credit facility made available, upon prior notice to the Client
at least two (2) days in advance by any of the means or channels made available for that purpose, including the electronic
channels.
95. The Bank, at its sole discretion and upon a record data and credit analysis of the Client, may authorize the payment of the
outstanding balance in installments – principal, charges and taxes – as ascertained in the event of cancellation of or decrease in
the credit facility in the checking account, with the consent of the Client.
96. The amount of the credit facility, the conventional interest levied per period, the effective date of the credit facility shall be
made available to the Client by the means and channels used by the Bank for that purpose, including by electronic means, and
the Client hereby acknowledges and accepts the means indicated as valid for such communications.
97. The conventional interest accrued on the credit facility shall be payable by the Client and to be settled on a monthly basis,
on the date defined in the Proposal or by any specific instrument and shall be debited by the Bank from the checking account
indicated in the Proposal, which the Client hereby agrees with.
98. Should the Client fail to settle the financial charges accrued on the credit facility on the date such financial charges are
payable, on the final or accelerated due date, the Client shall be automatically deemed in default and shall refund any amounts
due to the Bank from the due date to the date of actual payment thereof, accrued by the following charges: (i) conventional
interest at the rate disclosed by the Bank upon the engagement for the delayed period; ii) default interest of 1% per month
calculated on a prorata tempore basis on the amount due; (iii) fine of two percent (2%);
98.1. The Client shall also pay all taxes and contributions that are or may be levied upon that kind of transactions, especially but
not limited to the Tax on Financial Transactions – IOF.
99. The Bank, taking into account any market fluctuations and its risk analyses based on its credit policies, may modify the
interest rate applicable to the credit facility granted, upon communication to the Client by means of messages on the hard-copy
or electronic statement made available to the Client, as well as by the other channels made available by the Bank for that
purpose, including the electronic channels.
100. The Total Effective Cost (CET) of the Overdraft Facility transaction, expressed as a yearly percentage rate, shall be
calculated in compliance with the applicable regulations, taking into account the use of the full amount of the credit facility
agreed upon and the term of thirty days.
101. The parties agree that all documents, statements, correspondence, notices, whether electronic or not, among other
communications issued by the Bank to the Client shall be governed by this instrument and form an integral and inseparable part
hereof.
102. The Client acknowledges as evidence of use of the credit facility and, as a result, of the Client’s debt to the Bank, all
drafts, withdrawals and/or physical or electronic transfers, as well as any transactions made with the use of debit cards or in any
other usual means of checking account transaction, by means of the service Meu HSBC Caixas Automáticos, ATMs of third
parties associated with the Bank, POS Terminals of the Network associated with the Bank and Network Terminals
Interconnected with the Bank, payment orders issued by the Bank in connection with debits from the checking account
exceeding the amounts deposited in the checking account and using the amount of the credit facility granted by the Bank, as
well as the debit balance statements.
Global Relationship Agreement – Individual – Jan/13
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Simple translation of the General Conditions Applicable to the Proposal of Opening and Operation of a Deposit Account, Adhesion to Credit
Products and/or Financial Services – Global Relationship Agreement – Individual, solely for consultation and without legal effectiveness.
103. The Bank acknowledges as evidence of the credits in favor of the Client the receipts issued by it in relation to the amounts
received for deposits of cash, the receipts for deposits of checks, the latter being deemed valid after actual collection thereof, the
notices and statements issued by it in relation to any other credits in the checking account.
Financial Protection Insurance of the Overdraft Facility
104. If the Client chooses to purchase the Overdraft Facility Financial Protection Insurance in the Proposal, the premium
charged for said insurance shall be established pursuant to the credit facility available to the Client. The adjustment shall be
made in accordance with changes in the amount of the Overdraft Facility as provided for in the Insurance Contractual Conditions
which form an integral and inseparable part hereof and the content of which is hereby acknowledged by and agreed upon by the
Client – SUSEP Proceeding No. 15414.003492/2007-85.
CONDITIONS APPLICABLE TO CREDIT FACILITY IN INSTALLMENTS
105. The Credit Facility in Installments is a modality of credit transaction which the Bank may grant to the Client after the
analysis of credit, data record and classification under the applicable rules, to be engaged upon the signature of a specific
instrument or even by electronic means with the use of the personal and non-transferrable password.
106. With due regard for the conditions set forth in the section above, the Bank may grant a Credit Facility in Installments to the
Client, with due regard for the provisions hereof.
107. O Client may request the engagement of the Credit Facility In Installments by Meu HSBC Telefone, by the telephone
number made available by the Bank, Meu HSBC, ATMs distributed in the Network of HSBC branches, Meu HSBC Internet
and/or directly with the Account Managers and/or by any other channel that may be made available by the Bank for that
purpose.
108. Before the engagement of the transaction the Client shall be informed about the credit modality, the date of release of the
credit facility, the term, number of installments, maturity date(s), due date of the first installment, due date of the last installment,
amount engaged, amount financed, amount of the installment, payment method, amount of the insurance – if the Client chooses
to purchase one -, interest rate per month, interest rate per year, amount of IOF, monthly and yearly Total Effective Cost (CET),
with due regard for the provisions set forth in the statement supplied to the Client upon the engagement.
109. For engagement of the transaction of Credit Facility In Installments, the financial charges ascertained hereunder shall be
deemed legal, clear and payable and the statement thereof shall form an integral and inseparable part hereof.
110. The Credit Facility in Installments made available to the Client, with due regard for conditions precedent provided for
herein, may take into account a maximum amount of monthly installment. In such event the total settlement of the transactions
granted shall restore the maximum limit amount of monthly installment of the Credit Facility In Installments, in accordance with
the internal policy of the Bank applicable at the time of each engagement.
111. The Credit Facility in Installments occasionally available to the Client shall be informed by means of account statements
made available by the Bank, by Meu HSBC Telefone, Meu HSBC Caixas Automáticos, Meu HSBC Internet, directly at the Bank
branches and/or by any other communication means available, including the electronic ones.
112. The Client acknowledges and agrees with the right vested in the Bank to modify the credit facility granted, at any time, in
relation to the due dates, the financial charges levied thereupon, the collection method or the calculation periodicity, in view of
any changes in the macroeconomic conditions and in the financial market, in the rules applicable to that kind of transactions or
even in accordance with its credit policy.
113. In view of the provisions in the section above the Bank may unconditionally and unilaterally increase, decrease or even
cancel the Credit Facility in Installments made available, upon communication to the Client by means of the account statement
made available by the Bank, Meu HSBC Telefone, Meu HSBC Caixas Automáticos and /or Meu HSBC Internet, upon each
transaction or by any other communication means available, including the electronic ones.
114. Engagements of Credit Facility In Installments made via Meu HSBC Telefone, Meu HSBC Internet and/or the Account
Managers completed by seven p.m. (07:00 p.m., Brasília time), when approved, shall be released on the same date of the
request, directly in the checking account of the Client, and if completed after said hours, the credit approved shall be available in
the checking account of the Client on the next business day after the engagement.
115. The Bank, with due regard for its internal policies, may change the hours for release and transfer of the credit to the
checking account of the Client.
116. The Bank, at its sole discretion, may deem the last installment of the Credit Facility In Installments settled, provided that the
following conditions are met by the Client:
a) the payment of the installments agreed upon between the parties is made by means of debit from the checking
account;
b) there is balance available for debit in the checking account on the dates agreed upon between the parties
c) there is no accelerated repayment of the debt, wholly or in part;
d) no personal or property guarantee or insurance is used for repayment of the debt, wholly or in part; and
Global Relationship Agreement – Individual – Jan/13
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Simple translation of the General Conditions Applicable to the Proposal of Opening and Operation of a Deposit Account, Adhesion to Credit
Products and/or Financial Services – Global Relationship Agreement – Individual, solely for consultation and without legal effectiveness.
e) there is no change in the amounts or quantities of installments previously agreed.
116.1. The Bank, at any time and irrespective of prior notice, may suspend or cancel the benefit set forth in item 116, as well as
add or exclude any conditions for granting thereof.
Financial Protection Insurance of the Credit Facility In Installments
117. If, upon the engagement of the Credit Facility In Installments, the Client chooses to purchase the Financial Protection
Insurance Credit Facility In Installments, the Client acknowledges that the premium charged for said insurance shall be financed
and established in accordance with the amount of the credit facility transaction requested and that the Insurance Contractual
Conditions form an integral and inseparable part of this Agreement, the content of which is hereby acknowledged and agreed
upon with by the Client – SUSEP Proceeding No. 15414.000238/2007-25.
CONDITIONS APPLICABLE TO PERSONAL CREDIT FACILITY
118. Personal Credit Facility is a modality of credit transaction under specific conditions which the Bank may grant to the Client
after a credit and data record analysis as well as a review of the applicable rules, to be engaged upon the signature of a specific
instrument or even by electronic means with the use of the personal and non-transferrable password.
119. O Client may request the engagement of the Personal Credit Facility by Meu HSBC Telefone, by the telephone number
made available by the Bank and/or directly with the Account Managers and/or by any other channel that may be made available
by the Bank for that purpose.
120. Before the engagement of the transaction the Client shall be informed about the credit modality, the date of release of the
credit facility, the term, number of installments, maturity date(s), due date of the first installment, due date of the last installment,
amount engaged, amount financed, amount of the installment, payment method, amount of the insurance – if the Client chooses
to purchase one -, interest rate per month, interest rate per year, amount of IOF, monthly and yearly Total Effective Cost (CET),
with due regard for the provisions set forth in the statement supplied to the Client upon the engagement.
121. For engagement of the transaction of Personal Credit Facility, the financial charges ascertained hereunder shall be deemed
legal, clear and payable and the statement thereof shall form an integral and inseparable part hereof.
122. Engagements of Personal Credit Facility made via Meu HSBC Telefone and/or the Account Managers completed by seven
p.m. (07:00 p.m., Brasília time), when approved, shall be released on the same date of the request, directly in the checking
account of the Client, and if completed after said hours, the credit approved shall be available in the checking account of the
Client on the next business day after the engagement.
123. The Bank, with due regard for its internal policies, may change the hours for release and transfer of the credit to the
checking account of the Client.
Financial Protection Insurance of the Personal Credit Facility
124. If, upon the engagement of the Personal Credit Facility, the Client chooses to purchase the Credit Facility in Installments
Financial Protection Insurance, the Client acknowledges that the premium charged for said insurance shall be financed and
established in accordance with the amount of the credit facility transaction requested and that the Insurance Contractual
Conditions form an integral and inseparable part of this Agreement, the content of which is hereby acknowledged and agreed
upon with by the Client – SUSEP Proceeding No. 15414.000238/2007-25.
ACCELERATION
125. All credit facility transactions made available and granted to be engaged by the Client with the Bank hereunder or by any
other means, including electronic means, shall be deemed accelerated, irrespective of notice, and the total amount of the
Client’s debt, meaning the amount of principal plus the financial charges, tariffs, commissions, taxes and expenses, shall
become immediately payable if:
a) the Client exceeds the credit facility made available by the Bank, without prejudice to the Bank’s right to collect the
applicable financial charges, tariffs, commissions, taxes and expenses hereunder or under any specific agreement;
b) the Client fails to comply or defaults any of the obligations undertaken to the Bank or to any companies of the HSBC
Group in Brazil or abroad, including but not limited to monetary obligations;
c) any protest of a foreign exchange note is filed against the Client that might affect compliance with the obligations
undertaken to the Bank or any action is filed against the Client for execution of any judicial or extrajudicial note with a
request for adjudication of civil insolvency.
d) the Client has any check(s) returned due to insufficient funds (bad check) with the Bank;
e) the Client provides any incomplete or inaccurate information, including by means of a public or private document, or
omits any record data and/or other information that might affect the Bank’s evaluation for granting credit transactions;
f) The Client is subject to any credit restrictions and is included in the CCF, SERASA or Credit Protection Service Credit
– SPC or any similar body;
Global Relationship Agreement – Individual – Jan/13
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Simple translation of the General Conditions Applicable to the Proposal of Opening and Operation of a Deposit Account, Adhesion to Credit
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g) the Client has their economic situation jeopardized in accordance with credit information contained in the SCR – Credit
Information System of the Central Bank of Brazil; and
h) the Client dies.
125.1. Irrespective of the modality of credit facility or transaction engaged in the checking account by the Client, it is hereby
established that if any amount due to the Bank is overdue and unpaid on the respective maturity dates or in case of adjudication
of acceleration of the debt, the Client shall be deemed in default in relation to the total debt, which means the amount of
principal plus the financial charges, tariffs, commissions, taxes and expenses and, as such, the Client shall be subject to refund
any amounts due to the Bank from the due date to the date of actual payment thereof, accrued by the following charges: (i)
conventional interest at the interest rate informed by the Bank upon the engagement for the period of delay, in
accordance with the modality of transaction engaged; (ii) default interest of 1% per month or a fraction thereof,
applicable on the amount due with the previous accruals; and (iii) fine of two percent (2%).
125.2. The adjudication of acceleration may also result in suspension, blocking or even cancellation of any credit facilities or
transactions engaged, as well as in immediate return by the Client to the Bank of any check book(s), debit card and Credit
Card, if any, which shall be automatically blocked at such time.
ELECTRONIC CHANNELS
126. The Client authorizes the Bank to complete and accept any transactions and operations performed by electronic means or
channels made available by the Bank, such as telephone orders, credit or debit transactions orders using the magnetic card,
engagement of credit transactions using the password and/or the electronic signature, all of which are hereby acknowledged, for
all legal purposes and effects, as valid, true and processed by secure means.
BIOMETRY
127. The Client authorizes the Bank to extract and salve, upon the account opening procedure, during the maintenance thereof
or upon the engagement of any other products and services, the biometric data corresponding to the fingerprint and/or any other
form of biometric identification of the Client for purposes of identification in any transactions that may be completed using the
biometry technology.
128. The Client authorizes the Bank to store the biometric data during the period of maintenance of the account, which may be
extended at the sole discretion of the Bank.
129. The Client authorizes the use of the biometric data in the identification of the persons in charge of the account operation or
the engagement of products and services and, as required, in the defense of the Bank’s interests in court and out-of-court.
129.1. The Client also authorizes the provision of their biometric data to the applicable authorities, upon request.
130. The Client acknowledges that no permanent or temporary physiological modification that makes it difficult or impossible to
read the biometric data of the Client shall exclude the effects of this provision but shall require the immediate application of any
alternative identification processes.
131. The Client expressly authorizes the Bank to consult and validate with third parties the biometric data in data records shared
by the Bank with other associated institutions managed by the SERASA or by similar entities.
MISCELLANEOUS PROVISIONS
132. The following provisions are applicable, as appropriate, to all products, credit transactions and/or services described herein
and to any products, credit transactions and/or services that may be made available by the Bank in the future, except for any
special or specific conditions applicable to any products and/or services that may be made available to the Client in the future
under proper instruments.
133. The products and services governed by this instrument shall be offered and provided for an indefinite term and their
availability or provision may be suspended or even cancelled, at any time, wholly or in part, upon prior notice to the Client as
defined herein.
134. The Client hereby acknowledges that their checking account, savings account and/or any credit products and services
selected for engagement as informed in the Proposal and/or by means of any specific instruments shall be solely released
and/or actually engaged after the express confirmation by the Bank of the credit and record data of the Client, pursuant to the
applicable rules.
135. The provisions of this instrument and/or of any specific instruments related hereto may be modified by the Bank at any
time, including but not limited in the event of changes in legal, regulatory, marketing, macroeconomic scenarios or in the Bank’s
own internal policy.
136. Such changes shall be notified to the Client by any of the means made available by the Bank for that purpose, including by
electronic channels and/or any other effective communication means with the Client.
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Simple translation of the General Conditions Applicable to the Proposal of Opening and Operation of a Deposit Account, Adhesion to Credit
Products and/or Financial Services – Global Relationship Agreement – Individual, solely for consultation and without legal effectiveness.
137. Any amendments hereto shall be effective for all products and/or services made available hereunder and engaged by the
Client.
138. In case that the Client is no longer an accountholder with the Bank, all credit facilities, products and services made
available shall be automatically cancelled, irrespective of any notice or communication to the Client, but all obligations,
especially monetary obligations undertaken by the Client in relation to the engagement of such credit facilities, products and
services shall survive.
139. The Client expressly, irrevocably and irreversibly authorizes the o Bank to settle the principal, any installments of the
principal, financial charges, tariffs, commissions and taxes arising out of any credit transactions, services and other obligations
undertaken to the Bank by debiting such amounts from the checking account, savings account, redeeming financial investments
or using any other financial availabilities on behalf of the Client.
140. In view of the provisions in the section above the Client undertakes to keep immediately available funds to bear such
debits. For the purposes of this section the Bank may consider any overdraft facility, if any, as balance available.
141. In the event of insufficient balance available for the settlement referred to in item 139 the Client authorizes the Bank to
use, wholly or in part, any balances, credits and investments existing in favor of the Client with any branch of the Bank or any
Companies of the HSBC Group or that may become available, as many times as it may be required for settlement of any
amount(s) pending payment, thus offsetting any debits against any credits.
142. In case of request for repayment or accelerated payment of any credit transactions, the following shall be complied with: (i)
if the term of the transaction to be elapsed is up to twelve (12) months or occurs within seven (7) days as from engagement
thereof, the discount rate shall be equivalent to the interest rate agreed upon for the transaction, and (ii) if the term of the
transaction to be elapsed is in excess of twelve (12) months, the discount rate shall be equivalent to the sum of the spread on
the date of the original engagement with the Settlement and Custody System – SELIC rate ascertained on the date of the
request for repayment or accelerated payment.
142.1. The spread corresponds to the difference between the interest rate agreed upon for the transaction and the Selic rate
ascertained on the engagement date.
143. The Client irrevocably and irreversibly acknowledges that any negotiation statements, checking account statements made
available by the Bank, the correspondence and electronic or non-electronic notices issued by the Client shall be valid as
supporting documents of the engagement and enforceability of the transactions completed and of the amounts of installments,
financial charges, tariffs, commissions, taxes and maturity dates.
144. The BANK shall provide to the CLIENT for consultation the applicable financial charges and tariffs for each kind of
transaction, by means of the Table of Services Subject to Tariff, available at the Bank facilities or accessible on the internet site
www.hsbc.com.br and/or upon information contained in the checking account statements made available by the Bank and/or by
means of its equipment and channels, including the electronic channels.
145. If the Bank is required to resort to any administrative or legal proceeding to protect its rights or receive any amounts of
principal and/or charges due to it, the Client shall be liable for any expenses, extrajudicial and court costs and attorney's fees to
be established by the Judiciary.
146. In case of default of the Client in relation to any credit transactions, the Bank may block the use or the availability of all
other credit facilities granted to the Client under any type of transaction or product.
147. Upon the outstanding balance overdue and unpaid in relation to any of the transactions engaged hereunder the Bank is
authorized to indicate and consult the Client’s name with the credit protection bodies and the Credit Risk Center and/or Credit
Information System of the Central Bank of Brazil and SERASA and similar entities.
148. The Client authorizes the companies of the HSBC Group in Brazil and abroad and independent auditors duly engaged by
the Bank to access their record data and obtain information of the Client relating to transactions completed with any of the
companies of the HSBC Group, in order to: (i) process such information in operating systems, as provided for by the law of the
location where such information is to be processed; (ii) exchange information with positive and negative credit systems before
external entities that provide credit information/restrictions registrations; (iii) make it faster and easier to take decisions for
transactions with assets and liabilities, release of amounts and provision of services in financial, capital, foreign exchange,
insurance and consumption markets and, exclusively for the independent auditors, (iv) audit the accounting statements of the
Bank.
149. The Client hereby authorizes the companies that form part of the HSBC Group abroad where the Client may keep a
checking account to send the Client’s data and credit records to the Bank, as well as any information relating to transactions
performed with any of the companies that form part of the HSBC Group.
150. The Client authorizes the Bank to request to other companies that form part of the HSBC Group in Brazil or abroad to
collect the Client’s debts.
151. The Client acknowledges and agrees that any and all debts and liabilities arising out of any credit transactions or similar
transactions with the Bank, as well as with any other financial institutions or companies that form part of the HSBC Group or
complex shall be recorded in the Credit Information System (SCR) managed by the Central Bank of Brazil and with any other
systems that may occasionally replace or supplement the SCR.
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Simple translation of the General Conditions Applicable to the Proposal of Opening and Operation of a Deposit Account, Adhesion to Credit
Products and/or Financial Services – Global Relationship Agreement – Individual, solely for consultation and without legal effectiveness.
152. In view of the section above the Client hereby irrevocably and irreversibly authorizes the Bank to consult and record any
information existing on behalf of the Client in relation to any credit transactions with the Credit Information System of the Central
Bank of Brazil (SCR), pursuant to the applicable regulations.
153. The Client acknowledges and agrees that: a) any debits and liabilities arising out of transactions with characteristics of
credit engaged and/or guaranteed by the Client shall be recorded with the SCR; b) the purposes of SCR are: (i) to provide
information to the Central Bank of Brazil for purposes of supervision of the credit risk to which the financial institutions are
exposed (ii) to enable the exchange of information among financial institutions for the purpose of supporting credit and business
decisions; c) the Client may have access to the data existing on their behalf in the SCR through the Public Customer Service
Centers of the Central Bank of Brazil; d) any requests for correction, exclusion, filing of legal measures and disagreements in
relation to the SCR information relating to the Bank shall be addressed with justification, in writing or any other means made
available by the Bank and, if applicable, together with the corresponding court decision; e) the consultation of any information to
the SCR shall require the prior authorization of the Client, which is expressly granted upon the signature of the Proposal.
154. This instrument is subject to the legal and regulatory rules, as well as to those that require the Bank to keep internal
controls that enable to verify the proper identification of the Client, the compatibility between the transactions of funds and/or the
undertaking of credits with the Client’s economic activity and financial capacity. For that purpose, the Client undertakes to the
Bank to provide true information and to fill out the proper fields of the Proposal in order to provide the Bank with sufficient
information to enable it to carry out the verifications set forth in this section, and the Bank reserves the right to request any
additional information and/or documents that may be necessary for proper attainment of such verification.
155. The Client undertakes to permanently monitor the positions of the Client’s checking account and any other investments
under their liability in order to ensure the offset of any transactions with assets against the liabilities, thus avoiding the issuance
of checks, debit authorization or the undertaking of other commitments without proper provision of funds.
156. The Client irrevocably and irreversibly acknowledges that the statements, transaction notices or any other replacing
document that may be issued by the Bank in connection with any credits, debits and/or drafts made to such account shall be
valid as evidence of the balance of the Client’s account.
157. The Client that chooses, by means of the Proposal, the purchase of one or more of the Insurances referred to in this
instrument hereby agrees with the applicability of the following conditions:
I – the insurance acceptance is subject to the risk assessment;
II – the registration of the Plan with SUSEP shall not be deemed any encouragement or recommendation, by the Autarchy, of its
commercialization;
III – the Client may consult the registration status of their insurance broker on the website www.susep.gov.br, by means of its
number of registration with SUSEP, full name and taxpayer number (CNPJ or CPF).
157.1. The insurance established in the specific sections hereof shall be purchased for a definite term and the Insurance
Company shall be entitled not to renew the policy on the maturity date, without refund of the premiums under the policy.
Policyholder: HSBC Bank Brasil S.A. - Banco Múltiplo HSBC Seguros (Brasil) S.A. - National Corporate Taxpayers Register
(CNPJ): 76.538.446/0001-36.
158. The accountholders of joint accounts represent that they are jointly liable between them in relation to the receipt of any
communications, notices, service of process, summons, receipt of check books and cards related to the checking account and
for any debit or credit entries in the amount and for full settlement of any debts verified, including but not limited to the amount of
principal, financial charges, tariffs, commissions, taxes, including when such debts are originated from credit transactions
engaged with the Bank.
159. Any orders issued by the Client or negotiations made via telephone or service Meu HSBC Telefone with the Bank may be
recorded and, as such, accepted as a secure method of transaction and as means of proof and evidence of the transactions,
which the Client hereby expressly acknowledges as such, agrees with and authorizes.
160. The Client authorizes the Bank to send information about its products or services, financial returns statements, as well as
notices about the positions of the transactions engaged, by sending messages via mobile telephone and/or email address
informed in the Proposal, as well as to confirm any financial transaction with the Client via telephone.
161. The Client acknowledges that investments in the financial and capital markets and foreign exchange transactions, due to
their special characteristics, shall not be cancelled, as they generate effects immediately after their completion and, therefore,
are not subject to the provisions of article 49 of Law No. 8078 of September 11, 1990.
162. The failure to exercise any right provided for by law or arising out of the provisions hereof shall not result in novation of the
provisions hereof nor waiver of the right to demand compliance with such right at any time.
163. The parties undertake to fully and accurately comply with this Agreement, by themselves and their respective successors
on any account whatsoever.
164. The Bank is expressly authorized to inform the data relating to all obligations undertaken by the Client, by the legal
representative, by the economic representative to the Bank, to be included in data records shared by the Bank with other
associated institutions managed by SERASA or by other credit protection entities. The Bank and said other institutions are
Global Relationship Agreement – Individual – Jan/13
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Simple translation of the General Conditions Applicable to the Proposal of Opening and Operation of a Deposit Account, Adhesion to Credit
Products and/or Financial Services – Global Relationship Agreement – Individual, solely for consultation and without legal effectiveness.
expressly authorized to make available and exchange among themselves any information about obligations undertaken by the
Client, by the legal representative, by the economic representative, as it may be useful for their interests.
165. The Client undertakes to notify Bank in writing or by the means or channels, including the electronic ones, available for
that purpose, of any change of home and/or business address and/or any other change in the Client’s record data, and the
Client shall be fully liable for keeping such information at all times updated with the Bank.
166. If the Client fails to comply with the obligation above, it is hereby established that any correspondence, communications,
notices and requests sent by the Bank to the physical address or the electronic address (email) informed by the Client shall be
deemed received and accepted.
167. The Client hereby acknowledges that if the Client is linked to any country (due to the fact of holding, for example, returns
or assets or to be resident and domiciled therein), the Client may be required by law, in the capacity of taxpayer, to report the
global revenue received to the tax authorities of such country. In such event, the Bank recommends to the Client that, in case of
doubts about their tax obligations, an expert shall be consulted about the procedures required for regularization of the Client’s
tax situation.
168. If the Client does not engage, upon the opening of the checking account, any of the products and/or services listed herein,
the Client may do so at any time, in writing, by means of a proper instrument or channel made available by the Bank.
169. It is hereby established that the Financial Returns Statement referred to by the applicable law may be made available by
the Bank to the Client by electronic means and, for joint accounts, such document shall be solely provided on behalf of the
Client (principal accountholder).
The parties elect the Courts of the Judicial District of the place of execution of the Proposal, and any party filing a claim may
choose the Courts of the Client’s domicile.
For products and services:
Meu HSBC telephone
4004 4722 • Capital cities and metropolitan regions
0800 703 4722 • Other locations
Suggestions, complaints or cancellations of agreements and services:
HSBC Customer Service • 0800 729 5977
HSBC Customer Service (Hearing-Disabled Persons) • 0800 701 5934
If your question is not clarified through the service channels above, please contact the HSBC Ombudsman's Office:
HSBC Ombudsman's Office • 0800 701 3904
HSBC Ombudsman's office (Hearing-Disabled Persons) • 0800 701 5934 or access hsbc.com.br/ouvidoria
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