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American Express® FX International Payments Terms and conditions


A) If you registered for your American Express FX International Payments Account on or after 8th July 2015, please click here for the FX International Payments Terms and conditions.


OR


B) If you registered for your American Express FX International Payments Account prior to 8th July 2015, please click here for the FX International Payments Terms and conditions.


FX International Payments from American Express® Terms and conditions 


PART A: FXIP SERVICE


1. Introduction

1. The terms set out in this document, together with any supplementary terms which may be provided from time to time, constitute your agreement with us (the "Agreement") for the FX International Payments service provided by us under these terms for foreign currency exchange transactions and money remittance (the "FXIP Service" or the "Service").

2. We are authorised by the Financial Conduct Authority with reference number 415532 for the provision of payment services.

3. You can request a further copy of the Agreement, including a copy of these terms, at any time during the term of the Agreement. This Agreement and all communications between us under the Agreement shall be in English.


2. Definitions

In the Agreement:

"American Express", "we", "us", or "our" means American Express Services Europe Limited (incorporated in England (with registered company number 1833139) and our registered office address is Belgrave House, 76 Buckingham Palace Road, London SW1W 9AX.

"Business Day" means any day except Saturday, Sunday, bank or other public holidays in England and Wales.

"Cancellation Charge" has the meaning set out in the Tariff.

"Card" means a personal payment card issued by us in the United Kingdom that entitles the cardholder to access the FXIP Service. A list of eligible Cards is maintained on our website at www.americanexpress.co.uk/fxip.

"Cardmember" means the primary holder of a Card as defined in the Card agreement.

"Designated Account" means the designated account held in your name with a bank or building society in the United Kingdom which you use in connection with the FXIP Service.

"EEA" means the European Economic Area (which includes the members of the European Union plus Iceland, Liechtenstein and Norway).

"FXIP Online" means the FX International Payments internet based portal through which FXIP Orders can be processed and other FXIP Services can be accessed.

"FXIP Order" means an order for a payment or related transaction under the FXIP Service.

"Tariff" means the table of fees and rates applicable to the Service which we provide to you and which forms part of this Agreement.

"You" and "your" means the person who applied for, and in whose name we have registered to use the FXIP Service.


3. Provision of FXIP Service and required information

1. The FXIP Service is provided subject to the terms of the Agreement.

2. We shall only provide you with access to the FXIP Service if we have received, in the form and substance satisfactory to us:

  1. a completed FXIP Service application form; and
  2. appropriate information and supporting documents as may be requested by us to allow us to register you for the Service.

3. In the course of establishing or maintaining your access to the Service from time to time:

  1. we may require you to provide certain information, documents and other materials to enable us to verify your identity and to comply with our regulatory requirements;
  2. we may make such enquiries with you or third parties as we consider appropriate to protect against fraud and misuse of the banking system, and to fulfil our statutory and regulatory obligations, and you authorise us to make such enquiries. If false or inaccurate information is provided and we suspect any unlawful activity such as fraud or fraud is identified, this will be recorded, and we may pass details to fraud prevention agencies. Law enforcement agencies may access and use this information; and
  3. we may require you to provide additional information concerning your activities or transactions with us, including information regarding funds transfers, sources of funds, the purposes of payment orders, beneficiaries and expected amount and frequency of funds transfer. You agree to provide such additional information promptly on request.

4. If you owe us money and do not repay in full or on time, we may inform credit reference agencies who will record the outstanding debt. This information may be shared with other organisations in assessing applications from you and applications from any other party with a financial association with you for credit or other facilities and for preventing fraud and tracing debtors.

5. You must tell us immediately in writing or by calling us on 0800 085 3456 or other number shown on our website (www.americanexpress.co.uk/fxip) if you change your name, telephone number, your main residential address and/or country of residence or the mailing address or email address to which we send communications to. If we have been unable to deliver any communications or these have been returned, we may stop attempting to communicate with you until we receive accurate contact information. We are not responsible for any failure to receive any communication if we send it to the address or if we do not send the communication because previous communications have been undeliverable. We may update your details if we receive information that they have changed or are incorrect.

6. We reserve the right to decline to register you for the FXIP Service or provide you with the FXIP Service. We will tell you when this is the case.


4. Tariff

Our Tariff includes fees we will charge you for providing the Service, and (where appropriate) details relating to exchange rates used by us to provide the Service. There are other charges or costs in this Agreement which we may charge or pass onto you.


Fees

Transaction Fee

You will generally be charged a transaction fee for all FXIP Orders. The standard transaction fee is £10 and will be notified to you upon the submission of each FXIP Order you make. The transaction fees may vary depending on the type or nature of the transaction you request.

£10

Foreign currency exchange rate

Where your FXIP Order includes a currency conversion, the foreign currency exchange rate we offer to you will be notified to you at the time of the instruction for a transaction and will be the exchange rate which applies to such currency conversion should you accept the rate we offer. Our exchange rates are based on the live rates offered to us by our vendors, plus a margin. You can find out our foreign currency exchange rates at any time by calling us on 0800 085 3456 or other number shown on our website (www.americanexpress.co.uk/fxip).

Notified to you at the time of your instruction.

Credit Card Fee

If you choose to pay by credit card, we may charge a fee of 1.2% on the amount of your FXIP Order.

1.2% on the amount of your FXIP Order where (a) you pay by credit card and (b) we notified you of the charge at the time of your FXIP Order.

Cancellation Charge

Where a FXIP Order which involves a currency conversion is cancelled, revoked, amended or recalled, either at your request or by us (acting in accordance with the Agreement), then you may be liable for a Cancellation Charge, which, if it applies, will consist of some or all of the following:

  1. our losses caused by any change in the exchange rate applying to your FXIP Order between you placing the FXIP Order and its revocation, recall, cancellation or amendment; and
  2. any applicable fees or charges imposed by third parties on the revocation, recall, cancellation or amendment of the payment.

A Cancellation Charge will not always apply.

Notified to you at the time of the revocation, recall, cancellation or amendment of your FXIP Order.


5. Customer status

1. You must be at least 18 years old and resident in the United Kingdom to register for the FXIP Service.

2. The FXIP Service is intended for personal use only and cannot be used for business purposes or for speculation. We may terminate the Agreement immediately under paragraph 24.4.e (Term of Agreement) if you do use the FXIP Service for speculation or for business purposes.

3. The FXIP Service is intended for customers in the United Kingdom. Accessing the FXIP Service from outside the United Kingdom may be against the laws and regulations of other countries.

4. To access and use the FXIP Service you must be a Cardmember. Unless otherwise agreed by us, where your Card agreement is cancelled or terminated either by you or by us, you must promptly notify us and the FXIP Service will no longer be available to you unless paragraph 5.4 applies, and any open transactions on the FXIP Service will be cancelled at the same time.

5. This paragraph applies where (a) you enter into a new Card agreement with us immediately after the original Card agreement was cancelled or terminated, or (b) you remain a Cardmember because you hold another Card.

6. It is your responsibility to ensure that the Card details provided in the "Manage Account" area of the FXIP Online system are correct and remain up to date. This includes, for example, updating the details when your Card expires and is replaced.


6. FXIP Orders

1. Money remittance, depending on the currencies used and the country in which the recipient is located, may be a payment service covered by the Payment Services Regulations 2009. We do not provide you with a payment account as part of the Service.

2. You may place FXIP Orders and provide related instructions using approved means, including:

  1. for orders of £20,000 or less, by placing orders online through FXIP Online in accordance with the procedures and functionality available through the FXIP Online system in effect at the relevant time (and we will take your placing FXIP Orders online as your consent to us making the payment); and
  2. for orders over £20,000, you will first need to contact us by telephone following the process set out in paragraph 6.3 below.

3. For telephone orders and instructions, the following shall apply:

  1. you consent to us accepting and acting upon your telephone orders and instructions. We will ask you to confirm your identity and will ask a number of questions to verify this. We will also ask you to provide your password. We may reject an order if we reasonably consider that the order or instruction is not being given by you or we cannot reasonably satisfy ourselves of this;
  2. unless requested by us, you do not need to send any confirmation of a telephone order;
  3. exchange rates and fees will be notified to you at the time of a telephone order and will be consistent with our Tariff; and
  4. you will then be able to complete your FXIP Order using FXIP Online. We will provide you with the information you need in order to do this.

4. To ensure you can access the FXIP Service we recommend you install IE release 7 or above, Chrome or Firefox browsers. We have no responsibility or liability in respect of your equipment, software or the cost of accessing online services.


7. Access Methods

1. For use of FXIP Online, you will be given a unique user ID and password. Additionally, from time to time, supplementary or other methods of access may also be specified by us. Other than your registered email address, collectively, your (a) user ID, (b) telephone passwords and (c) other security features are referred to in this section as "Access Methods".

2. You must keep your access to the Service safe and don't let anyone else use it. This means you must:

  1. keep your Access Methods secure (including using device passcodes where applicable);
  2. not let anyone else access the Service using your Access Methods;
  3. not give any of your Access Methods or the information you need to access the Service to anyone else (except where you are actually making a FXIP Order with us), and not let anyone else see them when you use them; and
  4. choose passwords that are not easy to guess.

3. You must tell us immediately by telephone on the number set out in paragraph 26 (Contact Details) if:

  1. you suspect that someone else knows your Access Methods (including where they have been lost, stolen, misappropriated or otherwise compromised);
  2. you suspect that your access is being misused or a FXIP Order has not been instructed or approved by you; or
  3. you think that a FXIP Order has been processed incorrectly.

We will then cancel the Access Methods and new Access Methods may be issued to you.

4. Subject to paragraphs 16.6 and 16.7 (Liability and rights), you accept responsibility for all acts or omissions of any person using the FXIP Service if you do give them your Access Methods, and you will be bound by the terms of orders and other instructions placed through the FXIP Service using your Access Methods.


8. Availability of the FXIP Service

1. The FXIP Service will be made available to you at such times and with respect to the currencies, payment jurisdictions and minimum or maximum transactions sizes which we in our sole discretion determine from time to time. You must only use the FXIP Service to make lawful payments.

2. The FXIP Service may be modified or suspended from time to time. We may immediately withdraw or suspend the FXIP Service, or your ability to use certain Access Methods, at any time for security reasons, if we suspect fraud or unauthorised use or if we reasonably believe there is a risk that you will be unable to pay us money you owe us or you are otherwise in serious breach of the Agreement. In these cases we may seek to notify you beforehand or immediately afterwards and we may provide you with the reasons for our decision, but we will not do this if we are prevented from doing so by law, or where that would jeopardise the security of the FXIP Service. You can contact us by telephone on the number set out in paragraph 26 (Contact Details) to ask us to end the suspension if you can show that the circumstances which led to the suspension do not apply.


9. Acceptance and processing of FXIP Orders

1. We will process a FXIP Order when it is complete. For a FXIP Order to be regarded by us as complete, we must receive cleared funds (in the amount agreed with us) and full payment instructions and you must not otherwise be in breach of the Agreement.

2. Full payment instructions include the:

  1. amount;
  2. beneficiary name and address; and
  3. full beneficiary bank account details (BIC and IBAN for payments in a European currency; bank number, bank address, IBAN, local bank routing code or SWIFT code for other payments).

3. We will treat completed FXIP Orders received after 3:00pm (UK time) on a Business Day or on a non Business Day as having been received on the following Business Day.

4. Where you are funding the FXIP Order by a method other than a debit or credit card payment, then there may be a delay between giving us the FXIP Order and when we receive the cleared funds. In these cases, you agree that we will start to process the FXIP Order when you have put cleared funds at our disposal.

5. The maximum execution times, from receipt of a complete FXIP Order will normally be as follows:


Timetable for remittance of FXIP Orders within the EEA

Sterling Payments

Euro Payments

Payments in other currencies of the EEA

1 Business Day

1 Business Day

4 Business Days


Timetable for remittance of FXIP Orders outside the EEA

Remittances to be delivered outside the EEA may take longer. Please contact us regarding processing times for such payments and in all cases allow sufficient time for your payments to be made.


6. You agree that we may rely on the information provided by you in processing FXIP Orders. You are responsible for providing correct payment instructions. You agree that if we process your FXIP Order on the basis of your payment instructions where the information you gave us is incorrect or supplied to you by a person who is determined subsequently to be acting fraudulently, that we shall have no liability for processing those orders.

7. If you have supplied incorrect information and we agree to take steps to recover a payment on your behalf, we are entitled to charge you reasonable costs of recovery which may include our fees and charges, any applicable fees or charges imposed by third parties or exchange rate differences involved in reversing, recalling, amending or cancelling the FXIP Order.

8. We do set transaction limits (both per transaction and annual limits) and we will inform you of these when you instruct us to make a transaction using the FXIP Service where this is over the relevant limit. We may at our discretion decide and inform you of a temporary transaction limit applicable to your use of the Service which is the maximum aggregate amount of transactions which can be in process or outstanding at any time.


10. Delaying or refusing to process FXIP Orders

1. We can refuse to process any FXIP Order where:

  1. it is incomplete;
  2. it is obviously incorrect;
  3. we have not been able to satisfy ourselves that it was made by you;
  4. we are not allowed to process it under any applicable law or regulation;
  5. we have not received cleared funds to cover the FXIP Order within a reasonable time after you give us the FXIP Order. If you ask us, we will tell you when you make the FXIP Order when we expect to receive the cleared funds;
  6. you have open FXIP Orders which we close under paragraph 5.3 (Customer status); or
  7. your access to the FXIP Service has been suspended under paragraph 24.1 (Term of the Agreement).

2. We can delay payments, acting reasonably, where we need to check whether paragraph 10.1 applies or we need more information from you and the time in paragraph 9.5 (Acceptance and processing of FXIP Orders) starts to run when we have that information.

3. Where we are legally allowed to, we will contact you to obtain more information from you if that will allow us to process the FXIP Order, or to tell you that we have refused to process a FXIP Order. We will do that using the contact details we hold for you and will do so no later than the timelines set out in paragraph 9.5 (Acceptance and processing of FXIP Orders).


11. Payment terms, charges and exchange rates

1. You can settle FXIP Orders in sterling using a bank transfer from a United Kingdom bank or building society account held in your name, or, for FXIP Orders with a value up to and including £10,000, by paying with a debit or credit card that we accept. Details of which debit or credit cards we accept will be made clear at the time you make an FXIP Order.

2. You may not settle transactions in cash and we will not provide you with cash.

3. We will issue a transaction confirmation to you via e-mail and FXIP Online at the point you submit an FXIP Order to us. If you settled the transaction using a payment card at the time you submitted it, that confirmation will reflect this and include a transaction number. If you did not settle it using a payment card, then you must fund the FXIP Order by transferring the amount indicated on the transaction confirmation to a designated American Express bank account (we will give the relevant details) straightaway.

4. In the event that you do not pay these amounts, we can: (i) suspend and refuse to process any FXIP Orders; (ii) take steps to recover amounts owed to us; and (iii) paragraph 19.3 (Breaking the agreement) will apply.

5. Where paragraph 10.1 (Delaying or refusing to process FXIP Orders) applies, we may charge you the Cancellation Charge.

6. Other costs and taxes may apply which are not charged by us.


12. Amounts transferred

1. When you tell us to make a payment listed in paragraph 9.5 (Acceptance and processing of FXIP Orders), we will take steps to make sure that the recipient's payment service provider receives the full amount of the FXIP Order you tell us to send. It is possible that the recipient's payment service provider might deduct its own charges from that amount before making it available to the recipient. We have no control over or warning of this. We recommend that you check this in advance if you need to be certain as to the amount received by the recipient.

2. For all other payments, although we will try to use the same approach where we are able to, it is possible that other financial institutions which we or another party use to fulfil the FXIP Order may deduct their charges from the amount we transfer. You agree that we will not be liable to you for the deduction if this happens.


13. Forward exchange contracts

With our prior agreement, we may allow you to purchase, and we may purchase from you, foreign currency at such exchange rate and on such terms as we may agree for delivery on a specified future maturity date or dates for a specified future payment need (a "Forward Exchange Contract"). If we agree to offer you this service, we will provide you with the terms and conditions governing that service at the time. The Forward Exchange Contract will not itself be covered by this Agreement, but any payment that you then instruct us to make using the currency you purchase will be subject to this Agreement.


14. Cancellation, amendment and recall of FXIP Orders

1. You may revoke or cancel your payment order by providing us with written notice prior to 5.30pm (UK time) on the Business Day preceding the day on which we actually receive, or expect to receive, cleared funds which completes the order.

2. If a transaction has been processed in accordance with incorrect payment instructions, at your request, we will make reasonable efforts to recover the funds involved.

3. In the event we seek to revoke, cancel, recall or amend a FXIP Order at your request, you agree to be responsible for our fees and charges, and the Cancellation Charge if it applies.


15. Notification of unauthorised or incorrectly executed orders

1. We make your transaction history available on FXIP Online for you to review at any time and you will receive an e-mail confirming the transaction details to your nominated e-mail address. Your transaction history will show important information concerning your recent transaction history, including the FXIP Orders made and the related foreign currency exchange rates and other transactions fees agreed by you.

2. You agree to check your transaction confirmation and transaction history regularly for accuracy. Please contact us should you need any further information regarding your transactions.

3. You must contact us without undue delay if you become aware of an unauthorised or incorrectly executed FXIP Order and in event by not later than thirteen (13) months after the date of the FXIP Order.

4. You must give us all relevant information we reasonably request concerning an unauthorised or incorrectly executed FXIP Order.


16. Liability and rights

1. Unless paragraph 16.5 applies, the most we will be liable to you if we break this Agreement is the value of the payment you have made plus our fee.

2. In particular, we are not responsible to you or liable for loss of profits or any incidental, indirect, consequential, punitive or special damages which we could not have anticipated at the time of the payment. If you use the Service to pay someone, we will not be liable for any defective goods or services supplied by that person or any losses caused by that supply. Nor will we be liable to you if you pay someone using the Service and they do not supply a good or service that you had agreed that they would (or expected them to) supply.

3. Where we are liable under these terms for a payment transaction we will refund the amount of the unauthorised payment transaction and any fee we charged to you and restore you to the state you would have been in had the payment not taken place.

4. We shall not be liable to you for any act or omission caused by circumstances beyond our reasonable control the consequences of which would have been unavoidable despite all efforts to the contrary (this includes any act of God, government or state, war or other hostilities, terrorist activity, industrial action and any failure of power supplies, computer systems or communication lines). No such failure or delay will constitute a breach of the Agreement.

5. Nothing in this paragraph 16 prevents us being liable for death or personal injury caused by our negligence, or being liable for any other losses which we legally cannot exclude.

6. Your maximum liability for unauthorised transactions arising from the use of lost, stolen or misappropriated Access Methods is £50 unless:

  1. you did not comply with your obligations under paragraph 7 (Access Methods) intentionally or because you were grossly negligent (for example, you deliberately gave someone else your Access Methods or chose a password which was very easy to guess, such as your date of birth); or
  2. if you contributed to, were involved in, or benefited from the loss, theft or misuse or otherwise acted fraudulently.

7. Except where you have acted fraudulently, you will not be liable for any losses incurred for unauthorised transactions after you have notified us of misuse or suspected misuse in accordance with these terms.


17. Telephone recordings

1. In order to ensure that your instructions are carried out accurately, for customer service purposes, or in the interest of security and fraud prevention, we may, without giving you any further notice, record and/or monitor any of our telephone conversations with you. Such recording may be done in any form convenient to us.

2. All telephone recordings are our sole property. We may retain all or any such recordings for such period as we consider appropriate and you agree that such recordings may be relied upon by us in the event of any dispute, including in any proceedings.


18. Communications and notices

1. Notices (including notice of any changes to the Agreement), disclosures and other communications may be sent to you electronically, by post or (where we are allowed to do this by law) made available online.

2. You agree that we may communicate with you electronically, via e-mail or via FXIP Online or another American Express website. We may send the communications by e-mail, post them on a website through links provided on a notice, or any combination of these or other means. All such communications will be considered to have been provided in writing. You agree that you will check FXIP Online and your e-mail account for such communications.

3. All mailed communications will be deemed received two Business Days after the date of the mailing unless you actually receive it earlier or when received in the case of a communication delivered by hand. All electronic communications that we provide will be deemed to be received on the day that we send the notification e-mail and/or post the electronic communication online (where we are allowed to) even if you do not access the electronic communication for any reason.

4. You must inform us immediately if you change the address or other contact information (such as a postal or e-mail address and telephone numbers) you have given to us. We are not responsible for any failure to receive any communication if we send it to the address or in accordance with other contact information for you appearing in our records or if we do not send the communication because previous communications have been undeliverable.

5. Where we have to, we may e-mail you (or tell you another way) if we have made information available online.


19. Breaking the Agreement

1. We may treat you as breaching the Agreement at any time in the event that you fail to comply with your obligations under the Agreement, such as failure to make any payment when it is due or if any form of payment is returned or not honoured in full.

2. We may also consider you to be in breach at any time if any statement made, or information supplied, by you to us in connection with your account was false or misleading, you breach any other agreement that you may have with us or with any of our affiliates, or if bankruptcy or other creditor (or similar) proceedings are threatened or initiated against you.

3. In the event of any breach, you will be responsible for all reasonable costs properly incurred by us or our agents including collection, collection agency, and legal advisers' fees and costs, in recovering any amounts unpaid and in protecting ourselves from any harm we may suffer as a result of the breach. You further agree that we shall be entitled to take any action under the Agreement or under applicable law, including to set-off the whole or any part of any amount owing to you (in any respect whatsoever) against any or all amounts payable by you to us.


20. Complaints

1. At American Express we do everything we can to make sure our customers get the best possible service. We do recognise, however, that we may not always get it right. When that happens we always encourage you to tell us so that we can put matters right.

2. If you are not satisfied with any aspect of the FXIP Service, you can tell us about your concerns or make a complaint by contacting the customer service centre at American Express FX International Payment Complaint Handling Team, American Express, 1 John Street, Brighton, BN88 1NH and 0800 085 3456 (or the number set out on our website) or by emailing international.payments.uk@aexp.com.

3. Our aim is to resolve your complaint as soon as possible. If you are not satisfied with the decision in our final response, and if the subject matter is within its jurisdiction, you may refer your complaint to The Financial Ombudsman Service, Exchange Tower, London E14 9SR. For more information, go to www.financial-ombudsman.org.uk. The Financial Ombudsman Service will usually only review your complaint if you refer it within six months of the date of our final response. Details of our internal complaints handling procedures are available on request.


21. Assignment

We may sell, transfer or assign this Agreement and/or our rights and obligations under it in whole or in part. We may do so at any time without notifying you, unless we are required to notify you by law. You may not sell, assign or transfer any of your rights or obligations under this Agreement.


22. Enforceability

1. If any of the provisions of the Agreement becomes invalid, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

2. We do not intend, and you agree that you do not intend, any terms in the Agreement or any contract, arrangement, dealing or transaction between you and us to be enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 and accordingly, no one apart from you will have any rights or be able to enforce the terms in the Agreement or any such contract, agreement, arrangement, dealing or transaction.

3. Failure or delay by us in exercising any right or power under the Agreement shall not be a waiver of any such right or power.

4. This Agreement replaces all prior agreements entered into by you and us in respect of the FXIP Service as far as that is legally allowed.


23. Changes or amendments to Part A of the Agreement

1. We may change any fees and charges applicable for transactions using the FXIP Service for any one of the following reasons:

  1. to reflect legal or regulatory changes (including changes to any guidance on law or regulation, or a decision by a court or ombudsman, or to any industry codes we follow);
  2. to reflect increases (whether actual or reasonably expected) in our costs. If we make changes to our charges for this reason then the changes will reasonably reflect the increases in our costs;
  3. because of changes in technology – this would cover providing additional or different services, or changing functionality; or
  4. as long as you are able to end the Agreement without charge, if we have a reasonable justification for the change which is not listed in this paragraph 23.

2. We may change any terms not referred to in paragraph 23.1 above for any of these reasons:

  1. we reasonably consider the change would make the terms easier to understand, fairer to you, or you would not be disadvantaged by it;
  2. to make reasonable changes to the way we look after the FXIP Service as a result of changes in the banking or financial system, technology, or the systems we use;
  3. as a result of actual or anticipated legal or regulatory requirements;
  4. to ensure that our business is run prudently; or
  5. as long as you are able to end the Agreement without charge, if we have a reasonable justification for the change which is not listed in this paragraph 23.

We will give you at least two months advance written notice of any changes to your Agreement referred to in this section unless the change is not to your disadvantage. In this case, we will give you written notice but we may make the change more quickly. We will follow paragraph 18 (Communications and notices) when communicating with you.

If you do not want to continue the Agreement with the change, you can end this Agreement (see 'Term of the Agreement'), otherwise, you will be deemed to have accepted the changes unless you notify us prior to the date on which the changes will take effect that you do not accept the changes. If we don't hear from you, all changes will take effect as notified for as long as the Agreement remains in existence.


24. Term of the Agreement

1. If you do not use the FXIP Service for a period of 12 months we will suspend your access to the FXIP Service, and we will ask you for information to allow us to re-confirm your identity if you wish to use the FXIP Service again.

2. This Agreement shall be open ended. In addition to your right to cancel the Agreement under paragraph 24.3, you can also terminate the Agreement at any time by writing to us. We can terminate the Agreement at any time in accordance with this paragraph 24. We will always follow any legal requirements to provide you with notices before we end the Agreement, except for cases where we have a legal duty to keep the reason for the termination confidential.

3. You will have a period of 14 days from the date we tell you that we have accepted your application to register for the FXIP Service to cancel this contract if you change your mind. You can do this by contacting us at the address and telephone number set out in paragraph 26 (Contact Details). You will remain liable for any transactions you have authorised (and also any charges relating to such transactions) prior to cancellation. If you do not cancel the Agreement within the cancellation period, the Agreement will continue to have full force and effect until otherwise terminated.

4. We will normally seek to give you two months prior written notice of termination. We may terminate the Agreement immediately in the event you have seriously broken the Agreement by:

  1. not paying us money you owe us under the Agreement, either repeatedly or where you owe us a large sum of money;
  2. doing something that breaks the law or any regulation, or puts us at risk of breaking a law, regulation or other duty we owe to a government or regulator (anywhere in the world);
  3. using the FXIP Service for fraudulent or criminal activity (this would include where we reasonably suspect that you are using the FXIP Service in this way);
  4. knowingly giving us any false information at any time; or
  5. using the FXIP Service for speculation or for business purposes.

5. In the event of termination, all debts and obligations you owe to us shall be immediately due and payable. You agree that we shall be entitled to take any action that we are entitled to under the Agreement or under applicable law, including to set-off the whole or any part of any amount owing to you against any or all amounts payable by you to us.

6. All obligations and rights of a continuing nature shall survive termination of the Agreement.


25. Language and Governing law

1. This Agreement and all communications between us concerning this Agreement shall be in English.

2. This Agreement and dealings between us before you enter into the Agreement are governed by the laws of England and the courts of England shall have non-exclusive jurisdiction over us and you.


26. Contact Details

To contact us in respect of these terms or the FXIP Service please contact the customer service centre at American Express FX International Payments, 1 John Street, Brighton, BN88 1NH and on 0800 085 3456 (+44 1273 576 880 if calling from outside the UK) (or the number set out on our website at www.americanexpress.co.uk/fxip).


PART B: YOUR PERSONAL INFORMATION

Privacy Statement


What is this document?

This privacy statement describes how American Express collects, uses and shares information about you ("Personal Information").

If you interact with us online, there is a separate Online Privacy Statement available at www.americanexpress.com/uk that describes how we collect and use information about you in that context, including where online information is combined with Personal Information which is collected as described in this privacy statement.


1. Information Collected

We may collect information about you:

  • from the application form;
  • from any document provided by you;
  • through credit reference agencies, fraud prevention agencies and other due diligence checks;
  • through the way you use the FXIP Service; and
  • from third parties, such as marketing lists which we lawfully obtain.

2. Information Disclosed

We may disclose Personal Information to:

  • companies within the American Express group of companies worldwide and third party organisations who provide services on our behalf including our suppliers, banks, processors and their appointed representatives;
  • any party approved by you;
  • collection agencies and lawyers for the purpose of collecting debts you owe to us;
  • local regulators, law enforcement authorities or other government officials if we are under a duty to disclose or share your Personal Information in order to comply with any legal obligation; and
  • anyone to whom we transfer our contractual rights.

3. Use of Information

We may use Personal Information, including aggregated or combined with other information for any of the following purposes:

Delivering our products and services to you

This will include:

  • using your data as set out in paragraph 3 (Provision of FXIP Service and required information);
  • processing applications for our products including making decisions about whether to approve your application;
  • administering and managing the FXIP Service including to process transactions you make using the FXIP Service;
  • communicating with you, including by e-mail and SMS, about any American Express products and services which you hold (including for the purpose of servicing and by way of alerts);
  • giving you important information about updated and new features and benefits; and
  • answering questions and responding to your requests.

We may use Personal Information to prepare reports for third party business partners about your usage of the FXIP Service. Reports only contain aggregated and anonymised data and we will not disclose any information which identifies you.

Improving our products and services and to conduct research and analysis

This will include:

  • learning about you and other customers, including your needs, preferences and behaviours;
  • analysing the effectiveness of our ads, promotions and offers;
  • conducting testing (when we update our systems), data processing, website administration and information technology systems support and development;
  • conducting market research including to give you the opportunity to provide feedback, ratings or reviews of our products and services, and those of our Business Partners, including through transaction experience surveys; and
  • producing data analytics, statistical research and reports including on an aggregated basis.

Advertising and marketing our products and services, and those of our third party business partners (business partners)

This will include any of the following (with your consent, where necessary):

  • sending you promotions and offers by email, SMS, direct mail and through telemarketing in accordance with your marketing preferences;
  • personalising our communications and offers for you; and
  • determining whether you would be interested in new products or services.

We do not provide your contact details to our third party business partners without your consent. However, we may send you offers on their behalf. Keep in mind that, if you take advantage of an offer from a business partner and become their customer, they may independently send communications to you. In this case, you will need to inform them separately if you wish to decline receiving future communications from them.

Managing risks relating to our business, including fraud risk and operational risk

This will include:

  • developing risk management policies, models and procedures used in the management of customers’ use of the FXIP Service and our business generally; and
  • reporting information to and receiving information from credit reference agencies and fraud management agencies.

4. Third Party Consents

Where you provide us with information relating to a third party (including Cardmembers referred by you to us to register for the FXIP Service), you confirm that you have informed and obtained consent, if necessary, of that third party to the processing of his or her information by American Express and third parties as described in this privacy statement.


5. Marketing

We and other companies within our group may:

  • have access to and use information about you and how you use the FXIP Service to identify goods and services in which you may be interested;
  • market offers to you (by mail, e-mail, telephone, SMS, via the internet or using other electronic means) in relation to goods and services which are similar to any American Express products and services which you hold that we think you may be interested in; and
  • market other offers to you (by mail, email, telephone, SMS or via the internet) in relation to other products and services that we think you may be interested in with respect to your marketing preferences. If you wish to opt-out of receiving marketing from us and other companies within our group at any time, please contact us by calling us on 0800 085 3456 or writing to us at our address which is currently American Express FX International Payments, 1 John Street, Brighton, BN88 1NH, United Kingdom (or the address shown on our website at www.americanexpress.co.uk/fxip).

We will also, from time to time, contact you to ensure that the information we hold about your marketing preferences is up to date.

The information used to develop marketing lists may be obtained from:

  • the application form;
  • surveys and research (which may involve, where allowed, contacting you by mail, email, telephone, SMS or via the internet); and
  • from external sources such as marketing organisations, to the extent permitted by law.

6. Credit Reference Agencies and Fraud Prevention

When you submit an application to us, we will search credit reference agencies to verify your identity. If we approve your application, we may also repeat these searches from time to time. These credit reference agency searches are not a search on your credit worthiness and will not be seen or used by other organisations to assess your ability to obtain credit.

We may check your details with fraud prevention agencies. If false or inaccurate information is provided by you and we suspect any unlawful activity such as fraud or fraud is identified, this will be recorded, and we may pass details to fraud prevention agencies. Law enforcement agencies may access and use this information.

We and other organisations may also access and use this information to prevent fraud and money laundering, for example, when:

  • checking details on applications for insurance, credit and credit related or other facilities;
  • managing credit, credit related accounts or facilities, and insurance policies;
  • recovering debt;
  • checking details on applications, proposals and claims for all types of insurance; or
  • checking details of job applicants and employees.

We and other organisations may access and use from other countries the information recorded by fraud prevention agencies.

You are entitled to access your personal records held by credit and fraud prevention agencies. If you wish to do this, or to receive details of the relevant UK fraud prevention and credit reference agencies, please write to us at the following address and we will supply the names and addresses of the agencies we have used: American Express FX International Payments, 1 John Street, Brighton, BN88 1NH (or the address shown on our website at www.americanexpress.co.uk/fxip).


7. Electronic or telephone communications

If you contact us by any electronic means, we may record the telephone number or internet protocol address, associated with that means of contacting us at the time. You can find additional information about the information that we collect via electronic means in our Online Privacy Statement available at www.americanexpress.com/uk

We may monitor and/or record your telephone calls to us, or ours to you, either ourselves or by reputable organisations selected by us, to ensure consistent servicing levels (including staff training) and account operation, to assist, where appropriate, in dispute resolution and to assist us in ensuring we comply with our legal obligations.


8. International Transfer of Data

Personal Information may be:

  • processed outside the UK and EU including in the USA; and/or
  • disclosed to or accessed in other countries outside the EU and for the purpose of administering your use of the FXIP Service.

In this case, we will take appropriate steps to ensure the same level of protection for your information in other countries outside the EU, including the USA, where data protection laws may not be as comprehensive as in the EU.


9. Security

We use advanced technology and well-defined employee practices to help ensure that your information is processed promptly, accurately, completely and securely. The processing of your information will be performed by manual and automated means. In order to maintain the effectiveness and security of these systems, policies and procedures, we may also from time to time process your information for internal testing purposes.


10. Retention of Information

We keep Personal Information for the purposes described in this privacy statement for as long as is appropriate to fulfil our legal obligations in accordance with applicable law.


11. Access to your Information

You have the right to request a copy of the information that we hold about you. If you would like a copy of some or all of your Personal Information please write to us at the address below in the 'Query or Complaint' section of this privacy statement. There may be a small charge for this, as permitted by law.


12. Correction of Inaccurate Information

If you believe that any information we hold about you is incorrect or incomplete you may ask us to correct or remove this information from our records. You can do this by calling us on 0800 085 3456 or writing to us at our address which is currently American Express FX International Payments, 1 John Street, Brighton, BN88 1NH, United Kingdom (or the address shown on our website at www.americanexpress.co.uk/fxip). Any information which is found to be incorrect or incomplete will be corrected promptly.


13. Changes to this privacy statement

We may change any provision of this statement at any time. We may inform you in advance of any such change in accordance with the "Changes" section of the agreement governing use of the FXIP Service.


14. Query or Complaint

In the event of any query or complaint in connection with the information we hold about you, please write us to at our address which is currently American Express FX International Payments, 1 John Street, Brighton, BN88 1NH, United Kingdom (or the address shown on our website at www.americanexpress.co.uk/fxip) or by calling us on 0800 085 3456.





FX International Payments from American Express® Terms and conditions 


1. Introduction

1. The terms set out in this document and the FXIP Service application form completed as part of the account opening process, together with any supplementary terms which may be provided from time to time, constitute your agreement with us (the "Agreement") for the FX International Payments service provided by American Express under these terms for foreign currency exchange transactions and money remittance (wire transfers) (the "FXIP Service" or the "Service")

2. American Express is authorised by the Financial Conduct Authority with reference number 415532 for the provision of payment services.

3. You can request a further copy of the Agreement, including a copy of these terms, at any time during the term of the Agreement. This Agreement and all communications between us under the Agreement shall be in English.


2. Definitions

In the Agreement:

  • "Account" means the FXIP Service facility provided to you by American Express
  • "American Express", "we", "us", or "our" means American Express Services Europe Limited (incorporated in England (with registered company number 1833139) and our registered office address is Belgrave House, 76 Buckingham Palace Road, London SW1W 9AX) and includes its successors and anyone to whom it assigns its rights and obligations under the Agreement
  • "Business Day" means any day except Saturday, Sunday and Bank Holidays in England and Wales
  • "Card" means a personal charge or credit card issued by American Express in the United Kingdom
  • "Designated Account" means the designated account held in your name with a bank or building society in the United Kingdom which you use in connection with the FXIP Service
  • "EEA" means the European Economic Area
  • "FXIP Online" means the FX International Payments internet based portal through which FXIP Orders can be processed and other FXIP Services can be accessed
  • "FXIP Order" means an order for a payment or related transaction under the FXIP Service
  • "FXIP Service" or the "Service" means the FX International Payments service provided by American Express under these terms for foreign currency exchange transactions and money remittance (wire transfers)
  • "You" and "your" means the person who applied for the FXIP Service and in whose name we opened an account

3. Provision of FXIP Service and required information

1. The FXIP Service is provided subject to the terms of the Agreement.

2. We shall only provide you with the FXIP Service and open and maintain an account for you if we have received, in the form and substance satisfactory to us:

  • a completed FXIP Service application form;
  • Appropriate account opening information and supporting documents as may be requested by us.

3. In the course of establishing or operating your account from time to time:

  • We may require you to provide certain information, documents and other materials to enable us to verify your identity and to comply with our regulatory requirements
  • We may make such enquiries with you or third parties as we consider appropriate to protect against fraud and misuse of the banking system, and to fulfill our statutory and regulatory obligations, and you authorise us to make such enquiries. If false or inaccurate information is provided and we suspect any unlawful activity such as fraud or fraud is identified, this will be recorded, and we may pass details to fraud prevention agencies. Law enforcement agencies may access and use this information; and
  • We may require you to provide additional information concerning your activities or transactions with us, including information regarding funds transfers, sources of funds, the purposes of payment orders, beneficiaries and expected amount and frequency of funds transfer. You agree to provide such additional information promptly on request.

4. If you owe us money and do not repay in full or on time, we may inform credit reference agencies who will record the outstanding debt. This information may be shared with other organisations in assessing applications from you and applications from any other party with a financial association with you for credit or other facilities and for preventing fraud and tracing debtors.

5. You must inform us of any material changes to information previously provided to us in connection with your account.

6. We reserve the right to decline to open an account for you or provide you with the FXIP Service. We will notify you where this is the case.


4. Customer status

1. The FXIP Service is intended for customers in the United Kingdom. Accessing the FXIP Service from outside the United Kingdom may be against the laws and regulations of other countries.

2. To access and use the FXIP Service you must hold and maintain an American Express Card. Where your Card agreement is cancelled or terminated and you do not enter into a new Card agreement with us immediately, the FXIP Service will no longer be available to you and any open transactions will be cancelled.

3. It is your responsibility to ensure that the American Express Card details provided in the "My Account" area of the FXIP Online system are correct and remain current.


5. FXIP Orders

1. You may place FXIP Orders and provide related instructions using approved means, including:

  1. for orders under £20,000, by placing orders online through FXIP Online in accordance with the procedures and functionality available through the FXIP Online system in effect at the relevant time;
  2. For orders over £20,000, by telephone in accordance with paragraph 5.2 below.

2. For telephone orders and instructions, the following shall apply:

  1. you authorise American Express to accept and act upon your telephone orders and instructions. We will ask you to confirm your identity and will ask a number of questions to verify this. We will also ask you to provide your password. We may reject an order if we reasonably consider that the order or instruction may not be authentic;
  2. you do not need to send any confirmation of a telephone order;
  3. exchange rates and fees will be notified to you at the time of a telephone order.

3. To ensure you can access the FXIP Service we recommend you have installed IE release 7 or above, Chrome or Firefox browsers. We have no responsibility or liability in respect of your equipment, software or the cost of accessing online services. FXIP Online is not designed to be used on smart phones or other mobile devices with a different form factor to a standard personal computer.

4. For use of FXIP Online, you will be given a unique user ID and password (supplementary or other methods of access may also be specified by American Express from time to time) (collectively with telephone passwords, registered e-mail addresses and other security features, "Access Methods"). You must ensure that your Access Methods are kept secure at all times and are known to, and used only by yourself.

5. You are responsible for ensuring that security measures are in place at all times and followed to prevent persons other than you gaining access to or otherwise using FXIP Online on your behalf. You are also responsible for ensuring that Access Methods are kept secure and are not disclosed or otherwise made available to any person other than yourself.

6. You must tell us immediately by telephone on the number set out in paragraph 24 if:

  1. you suspect that someone else knows your Access Methods or any of them (including where they have been lost, stolen, misappropriated or otherwise compromised);
  2. you suspect that your account is being misused or a FXIP Order has not been instructed or approved by you; or
  3. you suspect that a FXIP Order has been processed incorrectly.

If you tell us of any matters in paragraphs 5.6 (a) or (b) we will cancel the Access Methods and new Access Methods may be issued to you.

7. Subject to paragraph 12.3 and 12.4, you accept responsibility for all acts or omissions of any person using the FXIP Service through your Access Methods, and you will be bound by the terms of orders and other instructions placed through the FXIP Service using your Access Methods.


6. Availability of the FXIP Service

1. The FXIP Service will be made available to you at such times and with respect to the currencies, payment jurisdictions and minimum or maximum transactions sizes which American Express in its sole discretion determines from time to time. You must only use the FXIP Service to make lawful payments.

2. The FXIP Service may be modified or suspended from time to time. We may immediately withdraw or suspend the FXIP Service, or your ability to use certain Access Methods, at any time for security reasons, if we suspect fraud or unauthorised use or if we believe there is a risk that you will be unable to fulfil any payment obligations to us or you are otherwise in default under the Agreement. In these cases we may seek to notify you beforehand or immediately afterwards and we may provide you with the reasons for our decision.


7. Acceptance and processing of FXIP Orders

1. For a FXIP Order to be regarded as complete, we must receive cleared funds (in the amount agreed with us) and full payment instructions and you must not otherwise be in default under the Agreement.

2. For outgoing remittances, full payment instructions comprise the:

  • amount
  • beneficiary name and address
  • full beneficiary bank account details (BIC and IBAN for payments in a European currency; Bank Number, Bank Address, IBAN, Local Bank Routing Code or SWIFT code for other payments)

3. Completed FXIP Orders received after 3:00pm (UK time) on a Business Day or on a non Business Day will be deemed to have been received on the following Business Day.

4. For outgoing remittances, from receipt of a complete FXIP Order the maximum execution times will normally be as follows:

  • Euro payments made within the EEA, the end of the following Business Day
  • Payments in other currencies of the EEA which are being executed within the EEA, by not later than the end of the fourth Business Day

Payments in other currencies may take longer. Please contact us regarding processing times for such payments and in all cases allow sufficient time for your payments to be made.

5. We reserve the right to reject any FXIP Order that is incorrect or incomplete or otherwise where we have a right or obligation to do so pursuant to applicable law or regulation.

6. You agree that we may rely on the information provided by you in processing FXIP Orders. You are responsible for providing correct payment instructions. You agree that American Express shall have no liability for orders processed using incorrect information supplied by you. If you have supplied incorrect information and we agree to take steps to recover a payment on your behalf, we are entitled to charge you reasonable costs of recovery which may include our fees and charges, any applicable fees or charges imposed by third parties or exchange rate differences involved in reversing, recalling, amending or cancelling the FXIP Order.

7. In the case of remittance orders, you agree that American Express may make payment to the beneficiary based solely on the beneficiary bank account number or other identifying number provided by you, even if the name in the order differs from the name on the beneficiary bank account.

8. We do set transaction limits (both per transaction and annual limits) and we will inform you of these when you instruct us to make a transaction using the FXIP Service where this is over the relevant limit. We may at our discretion decide and inform you of a temporary transaction limit applicable to your account which is the maximum aggregate amount of transactions which can be in process or outstanding at any time.

9. Once properly instructed and authorised by you, we are responsible for the execution of any payment transactions unless we can prove that the payment was received by the payment service provider (typically the bank or building society) of the recipient of the payment.


8. Payment terms and charges

1. You agree to settle FXIP Orders in sterling by any of direct debit, payment card (being a debit, credit or charge card) or bank transfer from a United Kingdom bank or building society account held in your name. You may not settle transactions in cash and we will not provide you with cash.

2. Upon receipt and acceptance of a FXIP Order, we will issue a transaction confirmation to you via e-mail and FXIP Online. Unless the transaction has been settled on your payment card and a transaction number and confirmation has been generated, upon acceptance of a payment instruction we will expect you to transfer the amount indicated on the transaction confirmation to a designated American Express bank account. Only on receipt of cleared funds will American Express process the transaction. You may set up a direct debit from your Designated Account to make regular payments. In the event of a regular payment, we shall take the direct debit from your Designated Account in the amount indicated on the transaction confirmation.

3. Where a direct debit instruction is given by you, you agree to notify American Express in advance of any change, closure or variation of the Designated Account specified by you for use in connection with the direct debit. Such written notice must be received by American Express at least one week prior to the effective date of the change, closure or variation. You agree to complete a new direct debit mandate for any new Designated Account.

4. You will generally be charged a transaction fee for all FXIP Orders. The standard transaction fee is £10 per remittance and will be notified to you upon the submission of each FXIP Order you make. The transaction fees may vary depending on the type or nature of the transaction you request. Where your FXIP Order is preceded by, or otherwise includes, a currency conversion, the foreign currency exchange rate we offer to you will be notified to you at the time of the instruction for a transaction and will be the exchange rate which applies to such currency conversion should you accept the rate we offer. You are not obliged to accept any foreign currency exchange rate offered to you in connection with a FXIP Order. You can find out our foreign currency exchange rates at any time by calling us on the number set out in paragraph 24.

5. In the event of amounts remaining unpaid by you, including in the case of a rejected direct debit request, American Express reserves the right to: (i) impose a late payment charge on such amount, calculated as of the date of the relevant transaction confirmation and on the basis of a rate equal to the prevailing Lloyds TSB Bank base rate plus 2.5%; (ii) suspend and refuse to process any FXIP Orders; (iii) take steps to recover amounts owed to us; and (iv) charge you for costs incurred by us.

6. Other costs and taxes may apply which are not charged by us.


9. Forward exchange contracts

1. With our prior agreement, we may allow you to purchase, and we may purchase from you, foreign currency at such exchange rate and on such terms as we may agree for delivery on a specified future maturity date or dates for a specified future payment need (a "Forward Exchange Contract"). We will require you to provide one or more advance payments in a specified amount (a "Part Payment") in respect of any Forward Exchange Contract. On the Business Day we confirm our acceptance, we will expect you to send to us a Part Payment equal to the amount communicated to you in writing in our transaction confirmation. The remaining balance, in full and cleared funds, will have to reach American Express by no later than 1 pm (UK time) on the Business Day specified in the transaction confirmation as the Contract Maturity Date (being the date in the future when the foreign exchange transaction is complete and your payment is made). In addition to the Part Payment and balance due to us, we may also require additional Part Payments at any time during the term of a Forward Exchange Contract. The amount and frequency of Part Payments will be determined at our discretion. We will contact you if we require an additional Part Payments from you and tell you the amount due to us.

2. You agree that you will use Forward Exchange Contracts in connection with your lawful future payment needs and not for any speculative or investment purpose.

3. We shall be entitled to close-out, reverse or terminate a Forward Exchange Contract by any reasonable method and without prior notice if:

  1. you fail to pay any amount due and owing to American Express under the Agreement or are otherwise in default; or
  2. we reasonably believe that you will be unable to pay any such amount when due.

4. In the event of any close-out, reversal or termination, you agree to reimburse and indemnify any costs, expenses or losses we incur in closing-out, reversing or terminating the Forward Exchange Contract. We may use any sum which we receive from you (including any sum forming part of any Part Payment we receive from you) at any time to settle (in whole or in part) any such costs, expenses or losses which we may incur relating to the Forward Exchange Contract.


10. Cancellation, amendment and recall of FXIP Orders

1. You may revoke or cancel a payment order for an outgoing money remittance transaction by providing us with written notice prior to 5.30pm (UK time) on the Business Day preceding the day on which we actually receive, or expect to receive, cleared funds which completes the order.

2. If a transaction has been processed in accordance with incorrect payment instructions, at your request, we will make reasonable efforts to recover the funds involved.

3. In the event American Express seeks to revoke, cancel, recall or amend a FXIP Order at your request, you agree to be responsible for our fees and charges, any applicable fees or charges imposed by third parties or exchange rate differences involved in reversing, recalling, amending or cancelling the FXIP Order (or seeking to reverse, amend or cancel a transaction).


11. Statements and notification of unauthorised or incorrectly executed orders

1. You may review your transaction history on FXIP Online and you will receive an e-mail confirming the transaction details to your nominated e-mail address. Your transaction history will show important information concerning your recent transaction history, including the FXIP Orders made and the related foreign currency exchange rates and other transactions fees agreed by you.

2. You agree to check your transaction confirmation and transaction history regularly for accuracy. Please contact us should you need any further information regarding your transactions.

3. You must contact us without undue delay if you become aware of an unauthorised or incorrectly executed FXIP Order and in event by not later than thirteen (13) months after the date of the FXIP Order.

4. You must give us all relevant information we reasonably request concerning an unauthorised or incorrectly executed FXIP Order.


12. Liability and rights

1. We are not responsible to you or liable for loss of profits or any incidental, indirect, consequential, punitive or special damages regardless of how they arise.

2. We shall not be liable to you for any act or omission caused by circumstances beyond our reasonable control the consequences of which would have been unavoidable despite all efforts to the contrary (this includes any act of God, government or state, war or other hostilities, terrorist activity, industrial action and any failure of power supplies, computer systems or communication lines). No such failure or delay will constitute a breach of the Agreement.

3. Your maximum liability for unauthorised transactions arising from the use of lost, stolen or misappropriated Access Methods is £50 unless:

  1. you did not comply with your obligations under paragraph 5.4 intentionally or because you were grossly negligent; or
  2. if you contributed to, were involved in, or benefited from the loss, theft or misuse or otherwise acted fraudulently.

4. Except where you have acted fraudulently, you will not be liable for any losses incurred for unauthorised transactions after you have notified us of misuse or suspected misuse in accordance with these terms.

5. Where we are liable under these terms for a payment transaction we will refund the amount of the unauthorised payment transaction to you and restore your account to the state it would have been in had the payment not taken place.


13. Use of information

1. If you do not provide us with your personal data which we require to provide the FXIP Service, you will not be able to establish a contractual relationship with us and we will not be able to provide the FXIP Service to you.

2. In relation to the processing of your personal data, American Express will:

  1. use your data as set out in paragraph 3;
  2. disclose information about you to companies within the American Express group of companies worldwide (including any appointed representatives or agents who provide the FXIP Service on our behalf) and to our suppliers, banks, processors and any other person required, in order to administer and service your contractual relationship with us and to process and collect relevant payments and charges;
  3. use information about you and information about how you use the FXIP Service to develop lists for use within the American Express group of companies worldwide in order that we may develop or make offers to you of products and services in which you may be interested. We will contact you by mail or telephone unless you ask us not to, and if you agree, by e-mail. The information used to develop these lists may be obtained from your application form, from surveys and research (which may involve contacting you by mail, e-mail or other electronic mail medium or telephone) and/or from other external sources. If you prefer not to receive offers of relevant products and/or services or you wish to register your marketing preferences, please write to us at the address set out in paragraph 24, e-mail us at international.payments.uk@aexp.com or call us on 0800 085 3456;
  4. analyse information about you to assist in managing your relationship with us and authorising FXIP Orders and to prevent fraud; and
  5. undertake all of the above within and outside the United Kingdom and the European Union. This includes processing your information in the United States of America as this is technically necessary in order to establish a contractual relationship with American Express. American Express may also disclose your information to, or access your information in, other countries outside the European Union in which the data protection laws may not be as comprehensive as in the European Union. However, American Express has taken appropriate steps to ensure the same level of protection for your information in countries outside of the European Union and to comply with applicable law in the United Kingdom.

3. We use advanced technology and well-defined employee procedures to help ensure that your information is processed promptly, accurately and completely. In order to maintain the effectiveness and security of our systems and procedures, it will also be necessary from time to time to process your information for testing purposes.

4. If you ask, we will tell you what information we hold about you and provide it to you in accordance with applicable law. There may be a charge for this, as permitted by law. If you would like us to tell you what information we hold about you or if you believe that any information we hold about you is incorrect or incomplete, you should write without delay to: American Express FX International Payments, 1st Floor, Amex House, Edward Street, Brighton, BN88 1AH or call customer services on 0800 085 3456. Any information which is found to be incorrect or incomplete will be corrected promptly. We keep information about you only for so long as is appropriate for the above purposes or as required by law.


14. Telephone recordings

1. In order to ensure that your instructions are carried out accurately, for customer service purposes, or in the interest of security and fraud prevention, we may, without giving you any further notice, record and/or monitor any of our telephone conversations with you. Such recording may be done in any form convenient to us.

2. All telephone recordings are our sole property. We may retain all or any such recordings for such period as we consider appropriate and you agree that such recordings may be relied upon by us in the event of any dispute, including in any proceedings.


15. Communications and notices

1. Statements, notices (including notice of any changes to the Agreement), disclosures and other communications may be sent to you electronically, in writing or made available online.

2. You agree that we may communicate with you electronically, via e-mail or via FXIP Online or another American Express website. We may send the communications by e-mail, post them on a website, through links provided on a statement or other notice, or any combination of these or other means. All such communications will be considered to have been provided in writing. You agree that it is your responsibility to access all such communications.

3. All mailed communications will be deemed received two Business Days after the date of the mailing unless you actually receive it earlier or when received in the case of a communication delivered by hand. All electronic communications that we provide including a statement will be deemed to be received on the day that we send the notification e-mail and/or post the electronic communication online even if you do not access the electronic communication for any reason.

4. You must inform us immediately if you change the address or other contact information (such as a postal or e-mail address and telephone numbers) you have given to us. We are not responsible for any failure to receive any communication (including a statement) if we send it to the address or in accordance with other contact information for your account appearing in our records or if we do not send the communication because previous communications have been undeliverable.


16. Default

1. We may treat you as being in default or breach of the Agreement at any time in the event that you fail to comply with your obligations under the Agreement, such as failure to make any payment when it is due or if any form of payment is returned or not honored in full.

2. We may also consider you to be in default at any time if any statement made, or information supplied, by you to us in connection with your account was false or misleading, you breach any other agreement that you may have with us or with any of our affiliates, or if bankruptcy or other creditor (or similar) proceedings are threatened or initiated against you or we have any reason to believe that you may not be creditworthy.

3. In the event of any default, you will be responsible for all reasonable costs properly incurred by us or our agents including collection, collection agency, and legal adviser fees and costs, in recovering any amounts unpaid and in protecting ourselves from any harm we may suffer as a result of the default. You further agree that American Express shall be entitled to take any action as it may be entitled to under the Agreement or under applicable law, including to set-off the whole or any part of any amount owing to you in any respect whatsoever against any or all amounts payable by you to us.


17. Complaints

1. At American Express we do everything we can to make sure our customers get the best possible service. We do recognise, however, that we may not always get it right. When that happens we always encourage you to tell us so that we can put matters right.

2. If you are not satisfied with any aspect of the FXIP Service, you can tell us about your concerns or make a complaint by contacting the customer service centre at American Express FX International Payments, 1st Floor, Amex House, Edward Street, Brighton, BN88 1AH and 0800 085 3456.

3. Our aim is to resolve your complaint as soon as possible. If you are not satisfied with the decision in our final response, and if the subject matter is within its jurisdiction, you may refer your complaint to The Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR. The Financial Ombudsman Service will usually only review your complaint if you refer it within six months of the date of our final response. Details of our internal complaints handling procedures are available on request.


18. Intellectual property

a. American Express grants you a personal, limited, non-exclusive, revocable, non-transferable licence to use FXIP Online. You may not, under any circumstances, rent, lease or sub-license any aspect or element of the FXIP Service. You may not reverse engineer, decompile, disassemble or modify the FXIP Service nor attempt to gain knowledge of the source code of the system in any manner whatsoever.

b. All copyright, trademarks, service marks, trade secrets, registered and unregistered design rights and other intellectual property rights in the FXIP Service, shall remain at all times the sole and exclusive property of American Express (or of any third party or affiliate owner from whom we licence any such rights) and you shall have no right or interest in or to any such intellectual property rights, except the right to access and use the Service as provided for in the Agreement. All rights not expressly granted to you are reserved.


19. Assignment

You may not assign or transfer any rights or obligations arising under the Agreement. We may assign, delegate or transfer our rights or obligations at any time in whole or in part to a holding, subsidiary or affiliated company and you consent to this. Your legal rights will not be affected.


20. Enforceability

1. If any of the provisions of the Agreement becomes invalid, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

2. We do not intend, and you agree that you do not intend, any terms in the Agreement or any contract, arrangement, dealing or transaction between you and us to be enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 and accordingly, no one apart from you will have any rights or be able to enforce the terms in the Agreement or any such contract, agreement, arrangement, dealing or transaction.

3. Failure or delay by us in exercising any right or power under the Agreement shall not be a waiver of any such right or power.

4. This Agreement supersedes all prior agreements entered into by you and us in respect of the FXIP Service.


21. Changes or amendments to the Agreement

1. We may remove, change or add to the provisions in the Agreement and add or increase any fees and charges applicable for transactions using the FXIP Service at any time by notice to you.

2. We will give you 60 days advance notice of any changes to the terms of the Agreement or the addition of or changes to our fees and charges.

3. You will be deemed to have accepted the changes unless you notify us in writing prior to the date on which the changes will take effect that you do not accept the changes. If you do not accept any changes to the Agreement or our charges, you can end the Agreement immediately and at no cost by settling all amounts due to us, cancelling any transactions in progress and requesting closure of your account.


22. Term of the Agreement

1. If you do not use the FXIP Service for a period of 18 months, the FXIP Service will be suspended and we may ask you to re confirm your identity if you wish to use the FXIP Service again.

2. This Agreement shall be open ended. In addition to your right to cancel the Agreement under paragraph 22.3, you can also terminate the Agreement at any time by writing to us. We can terminate the Agreement at any time by giving written notice to you.

3. You will have a period of 14 days from the date you receive these terms to cancel this contract. You can do this by contacting us at the address and telephone number set out paragraph 24. You will remain liable for any transactions you have authorised (and also any charges relating to such transactions) prior to cancellation. If you do not cancel the Agreement within the cancellation period, the Agreement will continue to have full force and effect.

4. We will normally seek to give you 60 days prior written notice of termination. We may terminate immediately in the event you are in default under the Agreement.

5. In the event of termination, all debts and obligations you owe to American Express shall be deemed immediately due and payable. You agree that American Express shall be entitled to take any action as it may be entitled to under the Agreement or under applicable law, including to set-off the whole or any part of any amount owing to you against any or all amounts payable by you to us.

6. All obligations and rights of a continuing nature shall survive termination of the Agreement.


23. Governing law

1. This Agreement shall be governed by, and construed in accordance with, English law and you agree to submit to the exclusive jurisdiction of the courts of England.

2. The laws of England shall form the basis of our relationship with you prior to the conclusion of the Agreement.

3. We will communicate with you in English prior to the conclusion of the Agreement.


24. Contact Details

To contact us in respect of these terms or the FXIP Service please contact the customer service centre at American Express FX International Payments, 1st Floor, Amex House, Edward Street, Brighton, BN88 1AH and on 0800 085 3456.