These terms and conditions apply from 21st May 2025.
1 Definitions
1.1 In this Agreement the following words have the following meanings:
| “Terms and Conditions” | means the New Zealand terms and conditions entered into between you and Xe governing your use of Xe’s foreign exchange services. |
2 This Agreement
2.1 These Multi-Currency Account Terms (the “Agreement”) govern your use of Multi-Currency Accounts (the “Multi-Currency Account” or the “MCA”) for businesses offered by HiFX Limited trading as Xe (“Xe”).
2.2 In this Agreement, “you” and “your” refers to you, and “we,” “us” and “our” refer to Xe. To use the MCA, you must accept all the terms of this Agreement.
2.3 This Agreement is in addition to and must be read in conjunction with the Terms and Conditions. If there is any inconsistency between this Agreement and the Terms and Conditions, this Agreement will prevail. Capitalised terms not defined in this Agreement have the same meaning set out in the Terms and Conditions.
2.4 These documents contain legal obligations for you and for us so you should read them carefully to make sure you understand them. If you have any questions, please contact us on help@support.xe.com or by calling 0800 932 664 or +64 9 306 3700.
2.5 You may request a copy of this Agreement at any time by calling or emailing us at help@support.xe.com or by calling 0800 932 664 or +64 9 306 3700.
3 Our MCA service
3.1 You can load MCA Funds from an account in your name (“Funds”) to use to make payments.
3.2 If you apply for MCA functionality, we will assess the suitability of a MCA service for your business. You must be using the MCA for business purposes and have a legitimate need to use it.
3.3 You may hold Funds in any currencies that we support. We may change these at any time, but we will usually give you two months’ notice before we withdraw a currency. You acknowledge that you accept any risks related to holding balances in multiple currencies and that exchange rates may fluctuate. You agree you will not use Funds for speculative trading.
3.4 Subject to clause 3.7, You can redeem the Funds at any time by giving us a payment instruction as set out in clause 6, otherwise, the Funds held do not expire other than when your account is closed.
3.5 We do not pay interest on any MCA Funds and you acknowledge that you will not receive interest on any of your Funds held by us. We will retain interest paid to us in respect of your Funds (including money held by us on trust, if applicable) and you waive all rights to receive interest.
3.6 We may impose limits on the maximum amount of Funds that can be held at any given time and, to the extent that any limits are imposed, we will communicate these to you. Any Funds held in excess of any limits imposed shall be returned to you.
3.7 We may impose time limits on the maximum length of time which you can hold as MCA Funds and, to the extent that any time limits are imposed, we will communicate these to you. Any Funds held in excess of such time limits will be returned to you, or escheated to the relevant authority in the event any Funds are deemed to be unclaimed.
3.8 The MCA is not a banking product or bank account and cannot be used by you as a bank account. Funds are held on your behalf in your MCA pending subsequent payment instructions. No depositor-creditor relationship is established between You and Us, and funds held in Your MCA represent an unsecured claim against Us.
4 Information about Multi-Currency Account
4.1 We will email you whenever there is a payment in or out of your MCA, confirming the reference, the amount of the payment in the currency used and any currency conversion, any charges, and the date the payment was received or made.
4.2 This information is also available free of charge by logging into our https://www.xe.com/ website (“Website”) and selecting the MCA. If you decide to turn off e-mail notifications, it is your responsibility to check these regularly and print or save a copy of this information for your records. If you notice any errors or unauthorised transactions, please contact us immediately using the contact details below.
4.3 We may charge a fee for a Transfer or Payment and where we do so, this will be clearly communicated to you prior to you completing a transaction.
5 Loading Funds
5.1 You may hold multiple currencies, provided we consider, in our sole discretion, there is a reasonable business need for multiple currencies.
5.2 To load your MCA, funds can be sent electronically in the same currency you have elected for your account by paying from a bank account or another MCA in your name.
5.3 If you want to make the payment from a bank account or another MCA in someone else’s name, we may require evidence that you are entitled to the funds.
5.4 Once we receive the funds, we will update the balance of your MCA.
5.5 We do not accept cash, cheques, or other ways of loading Funds. If your Funds are rejected, we will not be responsible for any costs you may incur. We may also need you to evidence ownership of any Funds before returning them to you.
5.6 We may, in our sole discretion, refuse to make a Transfer or Payment or otherwise provide a Service at any time, without providing any reason. Without limitation, examples of when we may refuse to make a Payment or Transfer or otherwise provide a Service include where we are required to do so under AML and CTF Laws or as described in clause 7.5 (Certain High Risk or Complex Jurisdictions) of the Terms and Conditions. We will have no liability to you for any Loss in relation to any Transfer, Payment or Service that we have not accepted or agreed to provide.
6 Paying out of Multi-Currency Account
6.1 You or an Authorised User can use the security procedures provided to you to ask us to make a transfer or give us payment instructions via our Website, verbally by telephone, or by email where we agree.
6.2 You can ask us to make a payment from your MCA either as an immediate one-off payment, or set up an automatic conversion payment, that is, when you instruct us to convert funds from one currency to another and make a payment immediately upon us issuing the Funds (an “Automatic Conversion”).
Transfers between MCAs
6.3 You can transfer funds between your MCAs either online or by calling us (a “Transfer”).
6.4 Before confirming an immediate Transfer, we will tell you the amount of Funds you will use to purchase your required currency and the Xe Spot Exchange rate to be applied (if relevant). We will convert the Funds at the Xe Spot Exchange Rate we offer at the time we process your instruction. You can find the current rate by checking our Website or by calling us, however, you acknowledge that exchange rates can fluctuate rapidly and a different rate may apply to a particular Transfer.
Payments from your MCA
6.5 You can redeem Funds by giving us an instruction to pay another account in your name or someone else’s. This needs to include the details of the recipient you want to pay (in particular, their account number, which we rely on to make the payment, their full name and address and the full name and address of the recipient bank), the amount, and (if applicable) the currencies you want to exchange.
6.6 You can redeem by paying in the same currency as your MCA or by paying in a different currency. If you wish to pay in a different currency, your confirmation will comprise your agreement to enter into a Spot Trade. On receipt of your instruction, we will specify the transaction details including:
(a) the amount of the “Sale Currency” required, that is, the currency you are selling to us which shall be debited from your MCA;
(b) the amount of the “Purchase Currency”, that is, the currency you are buying from us;
(c) the exchange rate offered;
(d) any applicable fees; and
(e) the recipient the funds are to be sent to.
6.7 We will redeem the Funds by debiting the relevant amount from your MCA.
6.8 It is your responsibility to ensure that you give us accurate and complete details. We rely solely on the account number you give us and will not check that the name you provide matches the account number you have given us.
7 Execution Times
7.1 We process Transfers and payments on Business Days (a day, other than Saturday, Sunday or public holiday, on which banks are open for business in Auckland, or where relevant, in the country of the currency you are exchanging), provided we receive your instruction before our relevant cut off time, otherwise we will deem it to be received the following Business Day.
7.2 When we ‘receive’ your instruction depends on the type of Transfer or payment you have asked us to make.
7.3 You can see the status of a payment by logging into our Website at https://www.xe.com/.
7.4 You may cancel an Automatic Conversion instruction at any time by giving us at least 24 hours’ notice, which will apply to any Funds received after this time. Otherwise, a Trade or Payment cannot generally be withdrawn or changed once it has been received.
8 Payment Service Providers
8.1 You may authorise regulated payment services providers to give us instructions in certain circumstances. These are:
(a) payment initiation service providers to give us instructions to make a Payment from your MCA, or
(b) account information service providers to provide them with your transaction history.
8.2 You must also take the steps set out in clause 6 of the Terms and Conditions to ensure your security procedures remain secure. Please contact us if you’d like further information.
9 Liability
9.1 In addition to the grounds set out in the Terms and Conditions, we will not be liable to you in respect of any:
(a) delays due to normal business maintenance of our Website;
(b) any breach of this Agreement by you;
(c) act or omission of an e-commerce marketplace, including those resulting from your entry into this Agreement; and
(d) failure of a third party sending funds to your account that are not received by Xe due to error or fraudulent activity.
9.2 These exceptions will not apply if we acted fraudulently, with gross negligence or we are at fault and the law doesn’t allow us to exclude or limit liability.
10 Duration and termination of this Agreement
10.1 This Agreement will remain in force until terminated by you or us.
10.2 Unless otherwise agreed in writing by you, you may terminate this Agreement at any time without charge by notifying us in writing.
10.3 We may terminate this Agreement and close or restrict your MCA at any time by giving you two calendar months’ notice in writing. In addition to the grounds set out in the Terms and Conditions, we may also terminate this Agreement and close your MCA immediately if we reasonably believe:
(a) you have seriously or repeatedly broken the terms of this Agreement,
(b) you are no longer eligible for a MCA, or
(c) your MCA is being used in contravention with any laws or regulations.
10.4 If we close or restrict your MCA, you agree to provide us with any information we reasonably need to reactivate it. If any MCA is inactive for an extended period of time, being four months without a payment or Transfer, we may close the MCA on giving written notice to you. We reserve the right not to reactivate your MCA in accordance with this Agreement and our Terms and Conditions.
10.5 When you or we close your MCA, you must redeem any Funds that are still held on your MCA within a reasonable time by asking us to make a payment to another account in your name. We do not charge for redemption but there may be a charge for the Payment. After this time, you may not be able to access your MCA and will need to contact Customer Service to redeem any remaining Funds. You have the right to do this for a period of 2 years from the date your MCA is closed.
10.6 If you owe us money, we may deduct the amount owed from any balance on your MCAs without further notice to you.
11 Warranties and indemnities
11.1 You agree that the following statements are true and accurate, and you acknowledge that we may refuse to follow an instruction or close your MCA in the event that they are not true and accurate:
(a) You are over the age of 18,
(b) You have full authority to enter into this Agreement and services under it;
(c) You are the beneficial owner of the money being transferred;
(d) You are not acting on behalf of another person unless you inform us that you are acting as:
(i) a corporate partner of a partnership:
(ii) trustee of a trust; and
(e) You will report and remit to the appropriate government tax authorities any taxes or duties that may apply.
11.2 If you are acting as a trustee of a trust, this Agreement binds you in your personal capacity and in your capacity as trustee of the trust.
11.3 You agree to pay us any costs (including Close Out Costs), expenses or fees we may reasonably incur as a result of your failure to perform your obligations under this Agreement. This includes any legal costs, on a solicitor and own client basis, that we may incur in order to enforce our rights or recover any amounts you owe us. You also agree to pay us any fees, costs, duties and taxes validly charged by third parties in relation to the services you enter into, including fees charged by your recipient bank.
11.4 If you are a merchant receiving funds from an e-commerce marketplace, or via a payment processor, you acknowledge that:
(a) the payment and delivery of the funds to us is controlled solely by that marketplace or payment processor and is subject to their terms and conditions. Any issues or disputes with such payment or delivery must be resolved directly with the marketplace or payment processor and are not our responsibility; and
(b) we do not accept liability for returns or recalls initiated by you or by a marketplace or payment processor. You are solely responsible for returns or recalls initiated by you or by a marketplace or payment processor. If a marketplace or payment processor debits or recalls funds, you indemnify us in respect of any such amounts, together with any costs or expenses incurred by us in connection with dealing with the debit or recall requests. We reserve the right to debit your MCA or invoice you separately for any such amounts.
12 Our contact details
12.1 Our head office is at Part Level 4, 2 Commerce Street, Auckland 1010, New Zealand. You can contact us by:
(a) Calling us on 0800 932 664 or +64 9 306 3700.
(b) Sending us an email at help@support.xe.com.
12.2 This Agreement and all other documents we make available to you are written and available only in English and we will only communicate with you in English. To the extent that the Agreement and any other documents are provided in any other language and there is a conflict with the English language version, the English language version shall prevail.
13 Complaints and disputes
13.1 If you are not satisfied with any aspect of our service, please contact us in any of the ways set out in the ‘Our contact details’ section above.
13.2 For details of our internal complaint handling procedures please refer to our Complaints Policy which can be found on our website. Alternatively, you can ask us to send you a copy.
13.3 If we are unable to resolve your complaint within 40 days and it relates to your MCA or Our Services, you may refer it to the Financial Services Complaints Limited (“FSCL”) either verbally, by email or in writing. Full details on how to access the FSCL scheme and make a complaint can be obtained from FSCL's website (www.fscl.org.nz) or by calling 0800 347257 or +64 (0)4 472 3725. Resolution of your complaint by FSCL is provided free of charge.
13.4 If we are unable to resolve your complaint or if the dispute does not fall within FSCL’s rules and has not been resolved within 30 days following the Complaints Manager being notified (or a period otherwise agreed between us), then either party may elect to submit the dispute to mediation by providing written notice to the other party, in accordance with and subject to the New Zealand Dispute Resolution Centre Mediation Rules. If the dispute cannot be resolved within 30 days (or a period otherwise agreed between us) by mediation, it may be submitted to arbitration in accordance with the New Zealand Dispute Resolution Centre Arbitration Rules.
14 Language
14.1 The Parties agree that to the extent that this Agreement is provided in a language other than English, the terms of the English version shall prevail.
15 Governing law
15.1 This Agreement shall be interpreted in accordance with the laws of New Zealand. Both parties submit to the exclusive jurisdiction of the courts of New Zealand.
16 Severability
16.1 If any provision of this Agreement is found to be illegal or unenforceable, that provision will be limited to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
17 Assignment and waiver
17.1 You may not assign this Agreement or any rights under it, in whole or in part, without Xe’s prior written consent.
17.2 If we fail to exercise or enforce any right or provision of this Agreement it shall not constitute a waiver of our right to enforce the same right or provision on a future date.