Product Terms & Conditions

Personal Account Protection^SM Elite Terms and Conditions:

An Addendum to Your Cardmember Agreement and Additional Disclosure Statement

Qualifying Events:

• Call to Active Duty
• Displacement from Home
• Divorce
• Hospitalization of Immediate Family Member
• ID Theft
• Involuntary or Long Term Unemployment
• Leave of Absence
• Life Events*
• Loss of Life
• Skilled Nursing
• Temporary Disability
• Total or Permanent Disability

* Life Events include: Marriage, Birth or Adoption of a Child, Entry into College, New Job, Retirement, Milestone Birthdays, Move to a new residence, or Purchase of a New Home

When you are ready to file a benefit, just follow these three easy steps:

1. Call us at 1-877-703-0918 or go online to MyClaim.HSBCUSA.com
2. Complete the benefit activation form and any other required documents
3. Mail information:
   Benefit Activation
   Dept PO BOX 914
   New Castle, DE 19720

If you have any questions about Personal Account Protection, status of benefits or to cancel protection, please call us at 1-877-703-0918

This Addendum contains the eligibility requirements, conditions, exclusions, and required procedures to activate Personal Account Protection benefits. Please read it carefully and store it with Your Cardmember Agreement and Additional Disclosure Statement and other important papers.

Personal Account Protection is an optional program that supplements Your credit card Account. In return for a fee and under the conditions described below, Personal Account Protection will suspend certain obligations of Your Cardmember Agreement and Additional Disclosure Statement, cancel a minimum payment, or cancel Your Eligible Balance.

Capitalized terms not defined in this Addendum shall have the meaning given them in the Cardmember Agreement and Additional Disclosure Statement. "You" and "Your" mean the Accountholders on the subject Account. "We," "Our," and "Us" mean the issuing bank as defined in Your Cardmember Agreement and Additional Disclosure Statement. "Administrator" means the company We chose to administer for Personal Account Protection as described in Section 5.

Your Cardmember Agreement and Additional Disclosure Statement remains in full force and effect. If there is a conflict between that Agreement and this Addendum, the provisions of this Addendum govern.

 

1. WHAT PERSONAL ACCOUNT PROTECTION DOES FOR YOU:

If an Eligible Person experiences a Qualifying Event and all the requirements for benefit activation are satisfied, Personal Account Protection will provide either a Debt Suspension or a Debt Cancellation benefit.

The following definitions will be used through out this Addendum:

"Eligible Balance" is the Account balance as of the date of the Qualifying Event, and does not include any changes posted after the date of the Qualifying Event.

"Eligible Facility" means a hospital, nursing home, hospice, acute care or convalescent hospital, psychiatric facility, or rehabilitation facility.

"Eligible Person" means You and Your Spouse. "Spouse" means the person You are legally married to or who is recognized legally as Your domestic partner. To activate benefits for Your Spouse, You must prove that this person is recognized as Your legal partner.

"Immediate Family Member" means a parent, grandparent, sibling, child, legal guardian or legal ward for whom the Eligible Person is the primary care provider.

"Primary Residence" means where an Eligible Person resides more than 50% of the year.

"Qualifying Event" means an event that makes Your Account eligible for Personal Account Protection benefit activation. These are the Qualifying Events for Personal Account Protection:

• Involuntary Unemployment
• Disability
• Leave of Absence
• Identity Theft
• Displacement from Home
• Skilled Nursing / Hospitalization
• Disability / Hospitalization of Immediate Family Member
• Divorce / Separation
• Military Reserve / National Guard
• Life Events (Marriage, Birth or Adoption of a Child, Move to a new residence or Purchase of a New Home, New Job, Retirement, Acceptance, Entry into College program, and Milestone Birthdays)
• Loss of Life

BENEFIT TYPES:

Debt Cancellation

To qualify for Debt Cancellation benefits an Eligible Person must satisfy the criteria for one of the following Qualifying Events: Loss of Life, Permanent or Total Disability, Temporary Disability lasting longer than 18 months, Involuntary Unemployment lasting longer than 9 months, or Life Events. If two or more Eligible Persons experience Debt Cancellation Qualifying Events, You will receive only one Debt Cancellation benefit.

When benefit activation for Debt Cancellation is approved, We will cancel Your Eligible Balance for the following benefit types: Permanent or Total Disability, Temporary Disability lasting more than 18 months, Unemployment lasting more than 9 months, or Loss of Life.

When benefit activation for Debt Cancellation is approved for the Life Events benefit, We will cancel Your current minimum payment due for 1 month.

 

Debt Suspension

To qualify for Debt Suspension benefits an Eligible Person must satisfy the criteria for one of the following Qualifying Events: Identity Theft, Divorce, Hospitalization/Disability of an Immediate Family Member, Displacement from Home, Call to Active Duty, Skilled Nursing, Leave of Absence, Involuntary Unemployment, or Temporary Disability. If two or more Eligible Persons experience a Debt Suspension Qualifying Event, You will receive only one Debt Suspension benefit

When benefit activation for Debt Suspension is approved, Your Account will become suspended. You will not be required to make periodic payments and Your Account will not incur any interest charges, late fees, over the Credit Limit Fees, or Personal Account Protection fees. All other fees will continue to post as stated in Your Cardmember Agreement and Additional Disclosure Statement We will make adjustments to Your Account in the billing cycle that includes the first day of the Qualifying Event and in any subsequent billing cycles within Your benefit period immediately prior to the Debt Suspension being placed on Your Account. The following adjustments will be made: credit for any over the credit limit, late fees, interest charges and Personal Account Protection fees, all occurring from the first day of the Qualifying Event through the date Your benefit was activated on Your Account.

If the benefit period for which Your Account qualifies ends before the Administrator approves Your Debt Suspension, benefits will be limited to crediting your Account for: any over the Credit Limit Fees, late fees, interest charges and Personal Account Protection fees assessed in the billing cycle that includes the first day of the Qualifying Event and any later billing cycles within Your benefit period.

During a benefit period Your Account may not be used for any purpose, including arrangements made with a third party merchant to automatically bill recurring fees to Your Account unless the Debt Suspension is activated due to the following Qualifying Events: Disability/Hospitalization of an Immediate Family Member or Displacement from Home. If You have arranged with a third party merchant to automatically bill Your Account, You should notify all such merchants to stop such charges. During the benefit period You may continue to make payments on your Account. If You previously arranged with us to initiate electronic payments to Your Account from Your bank account, such payments will be cancelled. Any electronic payments to Your Account that You arranged at your bank will continue at Your discretion. Any minimum payments made after the Qualifying Event and prior to benefit activation will be credited back to Your Account.

 

2. ACTIVATING BENEFITS:

You must be listed as a Cardmember prior to the Qualifying Event to be eligible for benefits. For all benefits, coverage must be in force immediately prior to and at the beginning of the related Qualifying Event.

To activate benefits:

• Eligible Person must experience a Qualifying Event and You must provide the required verification (See Section 3). If any Eligible Person(s) meets the criteria for more than one Qualifying Event, We will activate the coverage type with the maximum benefit duration. An Eligible Person may only qualify for one coverage type at any given time.
• You must notify the Administrator of the Qualifying Event by phone within 180 calendar days of the first day of the Qualifying Event.
• You must complete a benefit activation form and provide the required verification to the Administrator within 90 calendar days of notification for all Qualifying Events except for Loss of Life. For Loss of Life You or Your estate have 365 days to notify the Administrator and 90 days to provide the required verification.
• Continuing benefit activation forms and verification that the Qualifying Event is continuing must be provided within 90 days of notification, as required by the Administrator.

If any requirements are not met, We will deny the initial benefit activation or the continuing benefit activation periods, as applicable. You will not be eligible for benefit activation again for the same Qualifying Event if You elect to terminate benefit activation for that Qualifying Event. If Your benefit is denied, You must submit a dispute request within 120 days of the denial indicating why You believe the denial was an error. Your benefits do not begin until We activate them. You are responsible to manage Your Account according to Your Cardmember Agreement and Additional Disclosure Statement until You receive Our response on Your request for benefit activation. An Account will be ineligible for Personal Account Protection benefits if We place a status of "Bankruptcy" or "Chargeoff" on the Account, regardless of whether the status was placed on the Account before, on or after the date of the start of the applicable Qualifying Event. However, this restriction shall not apply to a claim for a Loss of Life benefit when the Cardmember's loss of life occurred prior to the date of a bankruptcy filing by another Eligible Person or Your estate.

 

3. QUALIFYING FOR BENEFITS: THE EVENTS, VERIFICATIONS, EXLUSIONS AND BENEFITS:

Loss of Life
Qualifications and Verification: To qualify for Loss of Life benefits, the Eligible Person must meet requirements in Section 2 and You or Your estate may be asked to provide the Administrator with a certified copy of the Eligible Person's death certificate.
Benefits: Upon approval, We will activate a Debt Cancellation of your Eligible Balance.

 

Life Events: 1 Minimum Payment Cancel
Qualifications: To qualify for Life Events benefits, the Eligible Person must meet requirements in Section 2 and experience one of the following: (1) Adoption or birth of a child, (2) Marriage, (3) Move to a new residence or purchase a new home, (4) Acceptance and Entry into College program by an Eligible Person or the Eligible Person's child, (5) New Job, (6) Retirement, or (7) a Milestone Birthday where an Eligible Person reaches the age of 20, or every 10th birthday thereafter.
Verification: You may be asked to provide the Administrator with the applicable verification for the Life Events specified above: (1) birth or adoption certificate, (2) a marriage certificate, (3) a signed lease/ rental agreement or a HUD Settlement Agreement, (4) letter of acceptance to a college/university/ vocational/technical or graduate school and class registration for an Eligible Person or Eligible Person's child, (5) Employment letter extending employment opportunity, (6) Communication from Social Security Administration confirming receipt of retirement benefits, or (7) Copy of a valid driver's license, state identification, or birth certificate.
Limitations: Your Account is eligible for only one Life Event payment cancellation each calendar year.
Timing: If the Eligible Person moves to a new Primary Residence the Qualifying Event begins on either the effective date of the lease/rental agreement or on the closing date of the new home. If the Eligible Person or Eligible Person's child is accepted to and is registered in a college/university/ vocational/technical or a graduate school the Qualifying Event occurs on the first day of school.

 

Identity Theft: 3 Month Maximum Benefit
Qualifications: To qualify for Identity Theft, the Eligible Person must meet requirements in Section 2 and have been the victim of identity theft due to the unauthorized acquisition and use of such person's name, social security number, credit card number (s), or other personally identifying information.
Verification: You must provide the Administrator with: a completed benefit activation form, and either (1) A copy of a police report filed with local authorities or authorities in the community where the Qualifying Event occurred, or (2) A copy of the credit report showing the appropriate alerts have been placed.
Exclusions: Coverage excludes credit card disputes that do not involve unauthorized use of personal identity. Such disputes are covered under your Cardmember Agreement and applicable federal laws.

 

Divorce or Legal Separation: 3 Month Maximum Benefit
Qualifications: To qualify for Divorce or Legal Separation the Eligible Person must meet requirements in Section 2 and become a party to a divorce or legal separation proceeding.
Verification: You must provide the Administrator with : (1) A completed benefit activation form and (2) a copy of the court stamped proceeding papers.
Limitations: Each Eligible Person is only eligible for one Divorce/Separation benefit activation naming the same spouse. You may receive only one Divorce/Separation benefit activation for each divorce/ separation, with a maximum of one benefit per calendar year.

 

Hospitalization or Disability of Immediate Family Member: 3 Month Maximum Benefit
Qualifications: To qualify for Hospitalization of Immediate Family Member, the Eligible Person must meet requirements in Section 2 and the Immediate Family Member of the Eligible Person must become sick or injured and admitted to Eligible Facility for at least one night.
Verification: You must provide the Administrator with: (1) A completed benefit activation form; (2) A notarized affidavit of qualifying relationship, and, (3) A note from a licensed physician on the physician's letterhead stating the cause of the Immediate Family Member's disability or hospitalization.
Exclusions: If the Disability or Hospitalization of the Immediate Family Member results from (1) an intentionally self-inflicted injury, or (2) elective cosmetic surgery, then benefit activation will not be approved.

 

Displacement from Home: 3 Month Maximum Benefit
Qualifications: To qualify for Displacement from Home, the Eligible Person must meet requirements in Section 2 and one or more of the following occurrences must displace the Eligible Person from the Primary Residence for at least one night, and either cause the Eligible Person to experience 3 days of missed work, or $300 of property damage: a) Natural Disaster: The Primary Residence is located in an area covered by a Federal Emergency Management Agency (FEMA) declared disaster; b) Act of Terrorism: The Primary Residence is located within the "eligible area" as specified by a federally declared act of terrorism; c) Act of God : The Primary Residence is directly or indirectly impacted by a flood, earthquake, hurricane, tornado, or mud slide: or, d) Fire: The Primary Residence is directly or indirectly impacted by fire.
Verification: You must provide the Administrator with (1) A completed benefit activation form (2) proof of the FEMA disaster, federally declared act of terrorism, or other covered peril, (3) Proof of Displacement from Home or other document proving the Eligible Person was unable to reside in the Primary Residence for at least one night; and (4) One of the following: Proof of the missed work by providing a completed employer's verification; proof of at least $300 in property damage by providing documentation from FEMA, or a damage cost estimate prepared by an insurance company or licensed repair professional, or; Proof of required evacuation from the Primary Residence by providing documentation from the local authority ordering the evacuation.
Exclusions: Coverage excludes acts of war.

 

Call to Active Duty: 25 Month Maximum Benefit
Qualifications: To qualify for Call to Active Duty, the Eligible Person must meet requirements in Section 2 and be called to active duty by a U.S. guard or military reserve unit.
Verification: You must provide the Administrator with a completed benefit activation form and a copy of the official duty papers.

 

Skilled Nursing / Hospitalization: 25 Month Maximum Benefit
Qualifications: To qualify for Skilled Nursing / Hospitalization the Eligible Person must meet requirements in Section 2 and (1) be admitted to an Eligible Facility (2) stay in Eligible Facility for a minimum of one night, and (3) remain under a licensed physician's care for the duration of the injury or illness.
Verification: You must provide the Administrator with the following documents as requested (1) A completed benefit activation form (2) proof of the Eligible Facility stay, and (3) a report from a licensed physician or medical facility explaining the injury or illness. The report must display a physician's office stamp or be printed on the letterhead of the physician's office or medical facility.
Exclusions: If the Hospitalization results from the Eligible Person's (1) Intentionally self-inflicted injury, or (2) elective cosmetic surgery, then benefit activation will not be approved.
Limitation: Your Account is eligible for up to 25 cumulative months skilled nursing / Hospitalization benefits in a 3 year period.

 

Leave of Absence: 3 Month Maximum Benefit
Qualifications: To qualify for Leave of Absence the Eligible Person must meet requirements in Section 2 and (1) be off work for at least 30 consecutive days, (2) be on an employer approved unpaid leave of absence, and (3) have a job working an average of at least 30 hours each week for 30 days immediately preceding the date of the Qualifying Event.
Verification: You must provide the Administrator with (1) A completed benefit activation form (2) the employer's written approval of the Eligible Person's unpaid leave of absence, including the reason for the leave and the expected duration, and (3) either a completed employer's verification form the Eligible Person's place of employment, or pay stubs for the 30 days preceding the Qualifying Event.
Exclusions: Any Eligible Person who is retired, not employed, or self-employed at the time of the Qualifying Event may not qualify for Debt Suspension benefits resulting from Leave of Absence.

 

Involuntary Unemployment: 9 Month Maximum Benefit
Qualifications: To qualify for Involuntary Unemployment benefits the Eligible Person must meet requirements in Section 2 and (1) experience an involuntary loss of employment, that lasts at least 30 consecutive days, from employment the Eligible Person worked an average of at least 30 hours each week for the 30 days immediately preceding the date of the Qualifying Event, (2) initially qualify for state unemployment benefits or have received an employer severance agreement.
Verification: You must provide the Administrator with a completed benefit activation form and a notarized affidavit confirming the Eligible Person's unemployed status.
Exclusions: If at the time of the Qualifying Event, the Eligible Person (1) voluntarily or mutually resigns, (2) is terminated for intentional or criminal misconduct, or (3) ends a military duty tour, then benefit activation will not be approved. Any Eligible Person who is retired, not employed, or self-employed at the time of the Qualifying Event may not qualify for Debt Suspension or Debt Cancellation benefits resulting from Involuntary Unemployment. Unemployment resulting from temporary or permanent disability will be considered for a Temporary or Permanent Disability claim. 4) Cardholders who move outside the US may not be eligible for the unemployment benefits if they cannot provide proof of state unemployment benefits.
For a Union Sanctioned Labor Dispute: 9 Month Maximum Benefit
Qualifications: To qualify for Involuntary Unemployment for a union sanctioned labor dispute the Eligible Person must meet requirements in Section 2 and (1) be a union member, (2) be off work as a participant in a union sanctioned labor dispute for at least 30 consecutive days, and (3) have worked an average of 30 hours each week over the 30 days immediately preceding the date the labor dispute began.
Verification: You must provide the Administrator with a completed benefit activation form and verification from the union stating that the labor dispute is still in effect.

 

Temporary Disability: 18 Month Maximum Benefit
Qualifications: To qualify for Temporary Disability benefits the Eligible Person must meet requirements in Section 2 and (1) be off work due to an injury or illness, for at least 30 consecutive days, from a job the Eligible Person worked an average of 30 hours per week over the 30 days immediately preceding the date of the Qualifying Event, and (2) be under a licensed physician's care for the duration of the injury or illness.
Verification: You must provide the Administrator with (1) a completed benefit activation form, (2) a report from a licensed physician or medical facility explaining the injury or illness and the prognosis for the Eligible Person's ability to return to work. The physician's report must display the physician's office stamp or be printed on the letterhead of the physician's office or medical facility. You must also provide the Administrator (3) a completed employer's verification form or pay stubs for the 30 days immediately preceding the Qualifying Event or (4) business income records if the Eligible Person is self-employed.
Exclusions: If at the time of the Qualifying Event the Eligible Person is retired or if the Eligible Person is Temporarily Disabled due to an injury that is intentionally self inflicted, then benefit activation will not be approved.

 

Total or Permanent Disability
Qualifications: To qualify for Permanent Disability benefits, the Eligible Person must meet requirements in Section 2 and (1) be injured or ill, resulting in Permanent Disability that prohibits ever performing any work for income, and (2) have worked an average of at least 30 hours each week over the 30 days immediately proceeding the date of the Qualifying Event.
Verification: You must provide the Administrator with (1) a completed benefit activation form and (2) a report from a licensed physician or medical facility explaining the injury or illness and the prognosis regarding the Eligible Person's ability to return to work. The physician's report must display the physician's office stamp or be printed on the letterhead of the physician's office or medical facility You must also provide the Administrator (3) the completed employer's verification form or pay stubs for the 30 days immediately preceding the Qualifying Event, or (4) business income records if the Eligible Person is self-employed.
Exclusions: If, at the time of the Qualifying Event, the Eligible Person (1) is retired, or (2) becomes Permanently Disabled due to an injury that is intentionally self inflicted, then benefit activation will not be approved.
Benefits: Upon approval, We will activate Debt Cancellation of the Eligible Balance. The date of the Qualifying Event is the date on which illness was diagnosed or injury occurred that led to the Permanent Disability.

 

Temporary Disability Lasting More Than 18 Months
Qualifications: To qualify for Debt Cancellation benefits, the Eligible Person must meet requirements in Section 2 and have been approved for the Temporary Disability benefit, and have had the Temporary Disability Debt Suspension benefit activated for the 18 months immediately preceding the Debt Cancellation request.
Verification: You must provide the Administrator with a completed benefit activation form and verification of the continued disability from a licensed physician or medical facility explaining the injury or illness indicating the Eligible Person's illness or injury still exists. The physician's report must display the physician's office stamp or be printed on the letterhead of the physician's office or medical facility.
Timing: Upon approval, We will activate Debt Cancellation of the Eligible Balance as of the date on which the Temporary Disability began.

 

Involuntary Unemployment Lasting More Than 9 Months
Qualifications: To qualify for Debt Cancellation benefits, the Eligible Person must meet requirements in Section 2 and have been approved for the Involuntary Unemployment benefit, and have had the Involuntary Unemployment Debt Suspension benefit activated for the 9 months immediately preceding the Debt Cancellation request.
Verification: You must provide the Administrator with a completed benefit activation form and verification of the continued unemployment by signing a notarized affidavit confirming the Eligible Person's unemployed status.
Timing: Upon approval, We will activate Debt Cancellation of the Eligible Balance as of the date on which the Involuntary unemployment began.

 

4. WHEN BENEFIT ACTIVATION ENDS:

Benefit activation ends as of the date one of the following occurs: (a) You receive the maximum benefit period allowed for the Qualifying Event, (b) You fail to complete and return the continuing benefit activation forms in the required time frame and/or fail to provide the required continuing verification as described in Section 2, (c) if Involuntary Unemployment is a qualification for the Qualifying Event, the Eligible Person resumes work on a part-time or a full-time basis, (d) We are notified of Your filing for bankruptcy, (e) We find that You or the Eligible Person materially misrepresented information, or (f) upon Your request to the Administrator; however, if You request the termination of a Debt Suspension benefit at any time, benefits cannot be reactivated for the same Qualifying Event. When Your benefit activation ends, We will reinstate the privileges and obligations of Your Cardmember Agreement and Additional Disclosure Statement that were suspended. Your payment obligations and Personal Account Protection fees will resume with Your next statement; interest charges, late fees, and over the credit limit fees will resume in the first full billing cycle following the end of benefits; and Your credit privileges, if applicable, will be reinstated within 5 business days of the benefit activation termination of benefits. If We discover that You misrepresented any information regarding Your entitlement to Personal Account Protection benefits, We will reassess all fees waived and Your Account balance will be subject to the terms of the Cardmember Agreement.

 

5. THE ADMINISTRATOR:

To activate benefits or if you have any questions, please contact the Administrator at 1-800-598-3554 between 8:30 a.m. and 5 p.m. EST Monday through Friday, except for federal holidays. Benefit activation forms and verification should be sent to the address listed below. Please include Your name, account number, and benefit activation number (once assigned) on each sheet of paper You provide to the Administrator.

Personal Account Protection Administrator
Benefit Activation Department
P.O. Box 914
New Castle, DE 19720

 

6. COST OF PERSONAL ACCOUNT PROTECTION:

The monthly fee for Personal Account Protection is based on Your Account's statement-ending balance each month multiplied by the unit-cost, which is:

$.0099 (ninety-nine cents per $100) for Elite

There is no charge for Personal Account Protection when Your statement-ending Account balance is $0.

 

7. WHEN YOUR PARTICIPATION IN PERSONAL ACCOUNT PROTECTION TERMINATES:

Personal Account Protection remains in effect until You or We terminate it. You may terminate Personal Account Protection at any time. If You decide to terminate Personal Account Protection, please call or write the Administrator. Termination will be effective upon receipt of notification. If You terminate Personal Account Protection within 30 calendar days of enrollment, You will receive a full credit of any Personal Account Protection fees charged. We can terminate your participation in Personal Account Protection at any time upon written notice to You. If Your participation in Personal Account Protection is terminated and You are in benefit activation, We will continue the benefit activation for that Qualifying Event under the terms then applicable. Personal Account Protection terminates automatically if a) Your Account is closed due to bankruptcy, fraud, or Your death, or b) Your Account has been referred to an attorney for collection. If Your Account becomes more than three billing cycles delinquent Your participation in Personal Account Protection will be suspended. Your participation will be reinstated effective when Your Account is again less than three billing cycles delinquent. You will not be protected for any Qualifying Event that begins or occurs during the time that Your participation in Personal Account Protection is suspended.

 

8. ADDITIONAL INFORMATION:

You may be subject to federal, state and local taxes on the amount of Your cancelled balance. You should consult Your tax advisor. We are not able to provide You with guidance on the tax implications, if any, of Personal Account Protection.

We reserve the right to modify this Addendum, but if the modification is not favorable to You or if there is an additional charge, We will first provide You with notice of the proposed change and an opportunity to terminate this program without penalty before the change takes effect. Any changes to this Addendum will apply to all Qualifying Events that occur after the effective date of such change and apply to both new and outstanding balances.

We reserve the right to waive any requirements in this Addendum if We, at Our discretion, determine that special circumstances exist to warrant such waiver. However, if We do so, We will not be obligated to waive the same requirement in any other situation or for any other cardholder, and Our waiver of one or more requirements will not constitute a waiver of any other requirements. A waiver may be terminated, effective immediately, upon written notice to You.

CS1340E (6/11)