Terms & Conditions

This website (or this “Website”) meaning www.fairfx.com,any associated domain or mobile app (or the “App”) is owned and operated by FairFX PLC 3rd Floor, Vintners’ Place, 68 Upper Thames Street, London, EC4V 3BJ (“FairFX”).

Use and access to this Website and App is provided on the basis of the following terms and conditions.

1. FairFX may from time to time and without first letting you know:

1.1 Make such changes to the content of the Website and App and/or the products or services offered by FairFX through the Website as FairFX (in its absolute discretion) considers appropriate;

1.2 Withdraw such products and services as FairFX (in its absolute discretion) considers appropriate without notice;

1.3 Terminate access or use of the Website and App for any breach of these terms and conditions or for any breach of law or regulation or for any reason FairFX considers appropriate in order to comply with any regulation imposed on FairFX. FairFX reserves the right to use various procedures to authenticate each transaction including but not limited to identity checks. FairFX reserves the right to decline to continue to process any part of your order at any time;

1.4 Discontinue the operation of the Website and App.

2.Permitted Access to the Website

2.1 You should not use the Website and App from any country or jurisdiction where accessing or using the Website and App or any of the information, products or services is prohibited by law. This Website does not constitute any invitation or solicitation by FairFX to any person to use any such information, products or services in countries where to do so is prohibited by law.

3.Reliance on Information Posted

3.1 FairFX shall use its reasonable endeavours to ensure that any dated information contained or reproduced on the Website and App is up to date at the stated date of its publication.

4.Intellectual Property

4.1 All intellectual property and materials comprising or contained in the Website and App are owned or licensed by FairFX unless otherwise expressly stated.

4.2 You are entitled to access the Website and App for the purposes of accessing the facilities offered by FairFX. You may not use in any way, directly or indirectly, the Website and App or any of its components for any other purpose. The materials contained on the Website and App may not be copied or redistributed for commercial purposes or for compensation of any kind without prior written permission from FairFX.

5.Links to other sites

5.1 The Website and App may contain links to third party websites. Such links are provided to you for your convenience only.

5.2 FairFX has no control over any material which has been published or contained on such third party websites. FairFX does not warrant the content or accuracy of such third party websites nor does FairFX accept responsibility or liability in relation to the content or products offered by or through such third party websites.

6.Limitations on liability

6.1 All content shown on the Website and App (and all products and services provided by it) are provided and made available without any warranties, conditions or guarantees given by FairFX. All such warranties, conditions or guarantees which would otherwise be implied by law are excluded to the fullest extent permitted by law. In particular, FairFX does not warrant the accuracy, suitability, reliability, completeness, performance and/or fitness for purpose of the content of any products and services available through this Website and App. Additional limitations and exclusions of liability may apply to liability arising as a result of the supply of FairFX payment services products to you, which are set out in our FairFX Prepaid Mastercard Card Terms and Conditions, Travel Cash Terms and Conditions, International Money Transfers Terms and Conditions and FairPay Price Guarantee Terms and Conditions (each "Special Terms"). In the event of a conflict or inconsistency between the provisions of this clause 6 and any provisions of any of the Special Terms, the provisions of the Special Terms shall prevail.

6.2 FairFX uses reasonable skill and care in providing its products and services to you. However (to the maximum extent permitted by law) FairFX is not liable to you for any loss, damage, claim or compensation (including loss of profit or loss of use) arising out of:

6.2.1 Your use, delay or inability to use this Website or App;

6.2.2 Any inability to perform any of FairFX's obligations due to failure of any technical or computer systems, or due to any other abnormal or unforeseeable circumstances beyond FairFX's control (such as acts of God, terrorism, war, government action or natural disaster), the consequences of which would have been unavoidable despite all its efforts to the contrary.

6.2.3 Any breach by FairFX of any of its obligations, where such breach is due to FairFX's duty to comply with any applicable laws of the European Union or the United Kingdom.

6.2.4 Subject to any provisions of any Special Terms dealing with losses resulting from unauthorised transactions or transactions completed in error, any loss resulting from third party misuse, including but not limited to email intercept, stolen identity, fraud.

6.2.5 Any damage to your computer equipment as a result of using this Website or any products or services provided from it.

6.2.6 Any change in foreign currency rates which may occur from time to time.

6.3 FairFX is not liable to you for any loss that is not a foreseeable result of FairFX breaking these terms and conditions or failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious it will happen or if, at the time the contract was made, both FairFX and you knew it might happen.

6.4 FairFX's maximum aggregate liability to you in respect of all foreign currency transactions undertaken by you shall be limited to a refund equivalent to any money you have paid to FairFX to acquire foreign currency.

6.5 FairFX does not warrant that the Website or App is free of viruses or of other material which is malicious or technological harmful. FairFX is not liable for any viruses or other technologically harmful material that may affect your computer equipment, computer programs or other material resulting from your use of the Website or App.

6.6 The disclaimers and limitations of liability in these terms and conditions shall not apply to any damages arising from death or personal injury caused by the negligence of FairFX or any of its employees or agents or for fraud.

6.7 Nothing in these terms and conditions limits or excludes FairFX's liability for any breach of its statutory obligations or obligations under the Financial Conduct Authority rules. However, FairFX will not be liable for any default where it is a result of FairFX's duty to comply with any applicable laws of the European Union or the United Kingdom. If any provisions of these terms and conditions including these disclaimers and limitations shall be unlawful or unenforceable then such provisions shall fall away and shall not affect the validity and enforceability of the remaining terms. Your statutory rights remain unaffected.

7. Warranties and Representations

You warrant and represent to us on a continuing basis that:

7.1 All information that you supply to us is complete, true, accurate and not misleading in any material respect.

7.2 You are acting as principal and not as another party's agent or representative.

7.3 You are not prevented by any legal disability or subject to any law or regulation that from performing this Agreement and any related transactions contemplated by it.

7.4 You comply with all relevant laws, regulations, exchange requirements and registration requirements.

7.5 You will take risk in and ownership of the purchased currency upon payment of the
full amount of the sold currency as directed by on your instructions contained in the
relevant order.

8.Privacy and data protection

8.1 FairFX processes information about you in accordance with its privacy policy. By using the Website and App you consent to such processing and you confirm that all data you provide is accurate.

9. Our Contact Details

You can contact us:

9.1 Via the Contact Us facility on the Website.

9.2 By phone on 0345 034 9998 between 08:30 and 17:00 from Monday to Friday (excluding bank holidays). Calls are charged at your standard network rate.

9.3 By post at FairFX Plc, 3rd Floor, Vintners’ Place, 68 Upper Thames Street, London, EC4V 3BJ.

10. Complaints

10.1 If you are unhappy in any way with your FairFX account, please tell us so we can try to resolve the situation. You can complain via email, post or by calling 0345 034 9998 between 08:30 and 17:00 from Monday to Friday (excluding bank holidays). Calls are charged at your standard network rate.

10.2 We will try to resolve any complaints you have about your payment instrument or the service we provide to you within 15 business days of receiving your complaint and in exceptional circumstances, within 35 business days (and we will let you know if this is the case)

10.3 You can request our Complaints Procedure via email, phone or by visiting our Website.

10.4 If we are not able to resolve the complaint to your satisfaction and you are eligible, you may be able to refer it to the Financial Ombudsman Service.

10.5 The Financial Ombudsman Service is a free, independent service which might be able to settle a complaint between you and us. Their contact details are: The Financial Ombudsman Service, Exchange Tower, London, E14 9SR; phone 0300 123 9 123, website www.financial-ombudsman.org.uk .

Governing Law and changes to these terms and conditions

11. All use of the Website and App and these terms and conditions is governed by the laws of England and Wales.

12. All disputes arising out of the use of the Website or App and/or any services or products provided by FairFX or any dispute relating to these terms and conditions shall be resolved by the Courts of England and Wales.

13. Changes to these terms and conditions will be communicated to you using the email or postal address that you have provided to us. Changes to your disadvantage will be communicated to you at the least 60 days before the change is effective. At any time up to 60 days from the date of this notification, you may close your FairFX account without incurring any extra charges. Any other changes can be made immediately and communicated within 30 days. Please keep your contact details current. When we send correspondence to this email or postal address, we will assume receipt by you.

14. You must let us know as soon as possible if you change your name, address, phone number or email address. If we contact, you in relation to any product or service offered by FairFX we will use the most recent contact details you have provided to us. Any email to you will be treated as being received as soon as it has been sent by us. We will not be liable to you if your contact details have changed and you have not notified us.

15. We may make immediate changes to the exchange rate used to convert foreign transactions into Sterling. For all transactions made in a foreign currency you can find out what the applicable exchange rate was at the time of the transaction by contacting our Customer Services Team.

Additional terms and conditions

Provisions relating to placing of the order and when the contract between you and FairFX is formed.

16. Orders through the Website and App must only be placed by individuals over the age of 18.

17. Please follow the steps on the screen in order to place an order. FairFX reserves the right to ask for further information in order to process your order.

18. FairFX will use various procedures to authenticate each transaction for the purposes of law and regulations including anti-money laundering regulations. FairFX reserves the right to decline to continue to process any part of your order at any time.

19. You will be able to correct the details of your order at any time up until you press the "Buy Now" button. After that point you will no longer be able to correct details on your order, so please make sure they are correct at that time.

20. Once you have placed your order for currency on the Website or App by pressing the "Buy Now" button this will authorise FairFX to action your order. You will not be allowed to cancel it other than subject to section 21. Should you wish to make any amendments to your order, FairFX will use its reasonable endeavours to accommodate your needs. If you wish to amend your order please send an e-mail to enquiries@fairfx.com. Any such amendments will be subject to the applicable foreign exchange rates. If FairFX agree to amend your order you will receive an email to confirm this. FairFX is under no obligation to accept any such amendments to your order and FairFX accepts no liability or responsibility if it decides not to do so.

21. You may cancel your order by providing FairFX with written notice of cancellation, by email to enquiries@fairfx.com, prior to delivery of your order. FairFX will have purchased your order at a foreign exchange rate. In the case of cancellation, you will receive a refund at the foreign exchange rate prevailing at the time of cancellation. This may be different to the foreign exchange rate at the time of your order as exchange rates fluctuate and this may result in a financial loss.

22. All orders are subject to acceptance by FairFX and FairFX will confirm such acceptance to you by sending you an email that confirms that the order has been accepted. The contract between FairFX and you will only be formed once FairFX sends you the confirmation email that your order has been accepted. Until that time there will be no binding arrangement for FairFX to supply you with any foreign currency or other services. You should print and retain a copy of the confirmation email for your records.

Price, Availability and Delivery

23. The price payable for currency that you order will be shown on the confirmation screen and is only valid for a short period of time as foreign exchange rates continually fluctuate. If you do not submit your order immediately after you enter the confirmation screen, the price may change and you will need to enter the screen again to see the updated price.

24. FairFX has the right to revise and amend these terms and conditions from time to time. You will be subject to the terms and conditions in force at the time you placed an order with FairFX.

25. FairFX is entitled to refuse, withdraw or cancel your order at anytime, for any reason.

26. Should any order be cancelled before being processed, your card issuer may suspend the associated funds for up to seven days, before releasing them back into your account. Please be advised that this is beyond FairFX’s control. As such, FairFX accepts no liability for such actions. Please note that FairFX does not refund cash advance charges made by your card issuer and that a late cancellation fee may also be subject to a cash advance fee from your card issuer.

Cardholder Initiated Transactions

27. During the order process you will be provided with the option to save a debit or credit card with FairFX. On future orders you will be able to use these saved payment card details to make payment.

28. FairFX will ensure your saved card details are held securely in line with Payment Card Industry Data Security Standards. Your card details will only be visible in a truncated format.

29. You may at any time amend, change or delete your saved payment card.

Anti-money laundering policies

30. FairFX is registered with and regulated by HM Customs & Excise (registration 12236741) as required under The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017. Our staff are fully conversant with anti-money laundering and countering terrorist financing guidelines and are aware of their responsibilities in the monitoring and reporting of any actions that raise suspicion or give cause for concern.

31. FairFX reserves the right to perform identity checks in accordance with the Terms and Conditions on all individuals who place an order on the website. For further information on these identity checks please contact enquiries@fairfx.com.

32. FairFX reserves the right at all times to refuse to process any currency order or terminate any contract which it believes, in its sole discretion, is connected in any manner to any unlawful or illegal purpose. We have a legal obligation to report any such suspicious transactions to relevant law enforcement agencies

33. FairFX is obliged by law to monitor and report any unusual or suspicious transactions of any size taking place where we have reasons to believe the money is derived from unlawful or illegal activity.

34. There is a statutory obligation on all FairFX employees and their agents to report suspicious transactions to UK law enforcement agencies. Where any such report is made, FairFX accepts no liability for any delay in transmission of, or confiscation of the funds.

These terms and conditions apply to your FairFX Prepaid Mastercard Card. You must read them carefully.

1.Introduction

1.1 In these terms and conditions:

1.2 ‘The Card’ means the FairFX Prepaid Mastercard Card

1.3 ‘group’ means FairFX Plc and any other firms within the FairFX Group

1.4 ‘our Website’ means www.fairfx.com

1.5 ‘App’ means FairFX mobile apps

1.6 ‘we’, ‘us’, ‘our’ means FairFX

1.7 ‘we’, ‘us’, ‘our’ in relation to the FairFX Prepaid Mastercard means Wirecard Card Solutions Ltd or FairFX acting on its behalf.

1.8 ‘you’, ‘your’ means the customer in whose name a FairFX Prepaid Mastercard is held. This customer has access to all account transactions.

1.9 ‘e-money’ means electronic money, a surrogate for cash intended for making payments of limited amounts.

2. Scope of this Agreement

2.1 These Terms of Business.

2.2 The General Retail Terms and Conditions and any other additional terms issued by us.

2.3 Together referred to as this ‘Agreement.’ These terms are the only ones one which govern both FairFX and you in relation to any Order you may place.

3. The Card

3.1 The Card is issued by Wirecard Card Solutions Ltd (“WDCS”) pursuant to license by Mastercard International Inc. WDCS is authorised by the Financial Conduct Authority to conduct electronic money service activities under the Electronic Money Regulations 2011 (Ref: 900051).

3.2 You can use the Prepaid Card/E-Money Account at any location that displays the Mastercard Acceptance Mark, including shops, restaurants, online or on the telephone. You can also use the Card overseas.

3.3 Before using the Card you need to make sure there are enough funds loaded on it.

3.4 You will not be able and should not attempt to use the Card after its expiry date. On expiry of your Card, you will have the option of renewing the Card for a further three years via our website. If you renew your Card, your balance will automatically be transferred to the new Card.

3.5 Your Card is not a credit card and can only be connected to your bank account for the purposes of loading the Card. You will not earn any interest on any funds loaded on your Card.

3.6 Where you have requested additional prepaid cardholders, you authorise us to issue a Card and a PIN to the additional prepaid cardholders and you authorise each additional prepaid cardholder to authorise transactions on your behalf.

4. Dollar Card Insurance Benefits

4.1 All cardholders who have a FairFX Dollar Card starting 5223 24, ordered after 27th June 2016, are automatically eligible to receieve additional insurance benefits as detailed in this Consumer Terms document. These benefits will apply automatically, and you do not need to contact us to confirm that you wish to accept the agreement.

4.2 This policy can be used as your sole insurance cover. If you’re happy with the level of cover described here being equivalent to your usual level of cover, you do not need to take out any other insurance policy.

4.3 Your personal details will not be shared with AXA (the company providing the insurance cover on behalf of FairFX) until a claim is made.

4.4 If you do not want to use the insurance cover that is automatically applied when you order your FairFX Dollar card, you should buy insurance cover from your chosen provider instead.

4.5 The full policy details are covered in the Consumer Terms Agreement.

5. Applying for and activating your Card

5.1 To apply for our Card you must be at least 18 years old and a UK resident.

5.2 We will require evidence of who you are and your address. We may ask you to provide some documentary evidence to prove this and/or we may carry out checks on you electronically.

5.3 You must sign the signature strip on the back of your Card as soon as it is received.

5.4 Please refer to the section below for all the Card loading options

6. Loading your Card

6.1 Funds can be loaded to your Card through the Website or the App. Payment can be made either by a credit or debit card, or by bank transfer. Once your order has been received, funds will normally be available for use within a few hours.

6.2 The minimum single load is £50.00, €60.00 or $75.00, and the maximum is £5,000.00 or €7,500.00 or $10,000.00. Your Card cannot be loaded more than twice in any one day.

6.3 The balance on your Card can never exceed £20,000.00, €30,000.00 or $40,000.00 at any time.

7. Using your Card

7.1 Detailed instructions on how to use your Card are found on the Website. You will need to follow these instructions when using your Card.

7.2 We will deduct the value of your transactions from the balance on your Card. We will also deduct any applicable fees as soon as they become payable by you, see our Fees section below for details of our fees.

7.3 The Card belongs to us. We may ask you to stop using your Card and return it to us or destroy it. We may, at anytime, suspend, restrict or cancel your Card or refuse to issue or replace a Card for reasons relating to the following:

  • We are concerned about the security of your account or Card
  • We suspect your account is being used in an unauthorised or fraudulent manner or we need to do so to comply with the law

7.4 If we do this, we will tell you as soon as we can or when we are permitted to do so after we have taken these steps:

  • If we are concerned about the security of your Card or we suspect your Card is being used in an unauthorised or fraudulent manner
  • If sufficient funds are not loaded on your Card at the time of a transaction to cover the amount of the transaction and any applicable fees
  • If there is an outstanding shortfall on the Card in accordance with section 13
  • If we have reasonable grounds to believe that you are acting in breach of this agreement
  • If we believe that a transaction is potentially suspicious or illegal (for example, if we believe that a transaction is being made fraudulently) or because of errors, failures (whether mechanical or otherwise) or refusals by merchants, payment processors or payment schemes processing transactions

7.5 If we refuse to authorise a transaction, we will, if practicable, tell you why immediately unless it would be unlawful for us to do so.

7.6 You may correct any information we hold, and which may have caused us to refuse a transaction by emailing us at enquiries@fairfx.com.

7.7 FairFX, may at its discretion, choose to block the use of a FairFX Card within a jurisdiction due to high levels of fraud at any given time. We recommend that the FairFX Euro Cards and Dollar Cards are used in countries where the local currency is Euros or US Dollars, respectively. If travelling outside the Eurozone and the US we recommend using the Everywhere Card.

8. Authorising transactions

8.1 Subject to the features of the Card, the authorisation of a transaction can include authorising any single transaction, a series of recurring transactions (including transactions for an indefinite period) or pre-authorising future transactions of a certain or uncertain amount. A Card transaction will be regarded as authorised by you where you:

  • Authorise the transaction at the point of sale by following the instructions provided by the merchant or retailer, which may include:
    • Entering your PIN or providing any other security code
    • Signing a sales voucher
    • Providing the Card details and/or providing any other details as requested
    • Waving/swiping the Card over a card reader or inserting your Card into a card reading device for the purpose of making a payment
  • Insert your Card and enter your PIN to request a cash withdrawal at an ATM
  • Make a request for a cash advance at any bank counter

8.2 Authorisation for a transaction may not be withdrawn (or revoked) by you after the time it is received. However, the following transactions may be withdrawn if you or an additional Cardholder gives notice to the supplier (providing a copy of the notice to us):

  • Any transaction which is agreed to take place on a date later than the date it was authorised as long as notice was provided no later than the close of business on the business day before it was due to take place
  • Direct debits if they are to occur after the date of withdrawal

8.3 We may charge you a fee if a transaction is revoked by you under this condition.

8.4 Funds to cover the authorised transactions received by us will be paid over to the merchant acquirer within 3 days following the receipt by us of the instruction to make payment. A transaction (the payment order) will be received as follows:

  • For purchases and ATM transactions, at the time we receive the transaction instruction from the merchant acquirer or ATM operator
  • Other transactions communicated directly to us will be considered to be received on the same day if instructed before 3pm on a working day. If you ask us to complete the transaction after 3pm, the transaction instruction or request will be deemed to have been received by us on the following business day.

9.Cancellation and expiry of your Card

9.1 This agreement will continue indefinitely unless terminated.

9.2 You have a legal right to cancel your Card up to 14 days after you receive the Card without being charged the Refund Fee. This 14 day period is known as the “Cooling-Off Period”. Under these terms and conditions, you also have the right to cancel your Card at any time under the 14 day Cooling-Off Period without notice and any funds remaining on your Card will be returned to you within 5 days subject to satisfactory checks being completed. Whenever foreign currency is unloaded/removed from the Card before, during or after the 14 day Cooling-Off Period, it will be exchanged at the current buyback rate, not the rate at which the currency was initially loaded.

9.3 We may also cancel your agreement for any reason by giving you at least 2 months notice:

  • If this agreement or your Card expires on a set date and we have not agreed to renew this agreement
  • If you break an important part of this agreement, or repeatedly break the agreement and fail to resolve the matter in a timely manner
  • If you act in a manner that is threatening or abusive to our staff, or any of our representatives
  • If you fail to pay fees or charges that you have incurred or fail to put right any shortfall
  • In the event of your death

9.4 We may also cancel this agreement or suspend your Card or account immediately if we believe your Card is deliberately being used by you to commit fraud or for other illegal purposes. If we do this we will tell you as soon as we are permitted to do so.

9.5 If we cancel your Card you must tell us what you want us to do with any unused funds within 3 months of the date we tell you your Card is cancelled. We can return funds either to the loading source or to a bank account in the same name as the Card account. Please note we will need to verify your identity in order to satisfy Anti-Money laundering requirements. If we receive no contact within three months, the funds will be returned to the loading source.

9.6 You will not be entitled to a refund of money you have already spent on transactions authorised, or pending or any fees for use of the Card before the Card is cancelled or expires.

When you use your Prepaid Card at an ATM, you may also be subject to applicable fees, surcharge rules and regulations of the relevant ATM, or other financial institution or association.

If we decide to increase or impose any new fees, we will tell you by e-mail, text, or post, at least two months before any changes take effect. Authorisation will be requested for all transactions at the time of each transaction. In the unlikely event, for any reason whatsoever, a transaction is completed when there are insufficient funds on the Prepaid Card for that transaction (a "Shortfall"), the Shortfall shall be reimbursed by you unless it is due to an error on the part of the retailer where the Prepaid Card was presented, in this circumstance we may seek the Shortfall from the retailer.

9.7 A Refund Fee may be charged (see Fees section below) unless you have arranged to transfer any unused funds to another Card managed by us, or you cancel your Card within 14 days of receiving it.

9.8 Your Card will be valid for 3 years.

9.9 You may apply, for a renewal up to 2 months before expiry of the Card. This renewal will run for a further three years and your balance transferred to the new Card.

9.10 Valid Cards can be renewed free of charge. If your Card has expired and it has a leftover balance then an administration fee of £2.00, €2.50, $3.00 per month will be applied.

10. Keeping your Card secure

Taking care of your Card, PIN and other security information is essential to help prevent fraud and protect your FairFX account. Please make sure that you follow the advice given below

10.1 Do not let anyone else use your Card, and do not tell anyone else your PIN, password or other security information.

10.2 We will never ask you to tell us your PIN. If you are in any doubt whether a caller is genuine, or if you are suspicious about them, take their details and call us.

10.3 When you change your PIN at an enabled ATM, choose your new PIN carefully. Avoid selecting a PIN that can be compromised using other information about you, such as numbers from your date of birth or house number.

10.4 Memorise your PIN, password and other security information. Never record your PIN or other security information.

10.5 Always take reasonable steps to keep your Card safe and your PIN, password and other security information secret at all times.

10.6 Never give away your FairFX account details or other security information.

10.7 Keep your Card receipts and other information about your FairFX account, such as statements, safe and destroy them carefully.

10.8 You must sign the signature strip on the back of your Card as soon as you receive it.

10.9 If your Card is lost or stolen, if you suspect that it has been used by someone other than you, or that someone else knows your PIN, password or other security information, you must tell us as soon as you can by logging on to your online account or via the app. We will take immediate steps to try and prevent your Card from being used.

10.10 Treat your Card like cash. If it is lost or stolen, you may lose some or all of the money in your Card Account.

10.11 Upon request, we will investigate any disputed transactions or other misuse of your Card. We may need more information and assistance from you for this. After the investigation, we will immediately redeem the transaction amount and associated charges that were not authorised by you, provided you have kept your Card and PIN secure, you have not acted fraudulently, and you have acted with reasonable care. However, if the investigation shows that the disputed transaction was authorised by you, or has been completed due to negligence by you, we will reverse the redemption and we may charge an administration fee.

10.12 Transactions less than £35.00 in value may not be investigated. You may be liable for that loss, and you will be responsible for recovering any losses from the merchant.

11. Liability for losses

11.1 If you act fraudulently or without reasonable care, you will be responsible for all losses on your FairFX account. (This may apply, for example, if you do not follow the advice in section 10 or violate these terms and conditions).

11.2 Unless we can show that you have acted fraudulently or without reasonable care, your liability for misuse of your Card will be limited as follows:

  • If someone else uses your Card before you tell us that it has been lost or stolen or that someone else knows your PIN, the most you will have to pay is £35.00.
  • If someone else uses your Card details without your permission, and your Card has not been reported lost or stolen, you will not be liable for those transactions.
  • If someone else uses your Card details without your permission for a transaction where the cardholder does not need to be present (for example, buying something over the internet), you will not be liable for those transactions.
  • If your Card is used before you have received it, you will not be liable for those transactions.

11.3 If you have acted with reasonable care (as defined in this section) and have not acted fraudulently, you will not be liable for losses caused by someone else which take place on your Card.

11.4 We will refund an incorrectly executed transaction immediately unless we have any reason to believe that the incident has been caused by a breach of this agreement, gross negligence or we have reasonable grounds to suspect fraudulent activity. If the investigations show that any disputed transaction was authorised by you, or you have acted fraudulently or with gross negligence (for example by failing to keep your Card or PIN secure), we will not refund the transaction amount and will charge you a fee of up to £35.00 for any loss we suffer because of the use of the Card.

11.5 We will not be liable for any loss arising from:

  • Any cause which results from abnormal or unforeseen circumstances beyond our control
  • Consequences which would have been unavoidable despite all our efforts to the contrary
  • A retailer refusing to accept your Card
  • Our compliance with legal and regulatory requirements
  • Loss or corruption of data unless caused by our wilful default

We are also not liable for:

  • Business interruption, loss of revenue, goodwill, opportunity or anticipated savings
  • Any indirect or consequential loss

11.6 We reserve the right to charge you for any reasonable costs that we incur in taking action to stop you using this Card and to recover any monies owed as a result of your activities.

12. Your right to a refund

12.1 You may request a refund of the funds on your Card provided you have more than £5.00. €5.00 or $5.00 loaded to your card. To request a refund please contact us Via the Contact Us facility on the Website. We will then confirm the exchange rate we will use for the refund and arrange to have the money returned to you. We encourage you to keep the Card, which is valid for three years, and use it on your next trip. When we process your refund, we may charge a Refund Fee (see Fees section below).We will arrange an electronic transfer to a bank account nominated by you. However, to enable us to comply with our legal obligations, we may ask you to provide us with certain information before we can process your refund request.

12.2 Refunding Transactions

You may be entitled to claim a refund in relation to transactions where:

  • The transaction was not authorised under this agreement
  • Where the transaction was incorrectly executed in line with section 11.4
  • A pre-authorised transaction did not specify the exact amount at the time of its authorisation and the amount charged by a supplier is more than you or an additional Cardholder could reasonably have expected taking into account normal spending pattern on the Card or the circumstances of the transaction
  • A claim for a refund in the circumstances set out above will not be accepted if the amount of the transaction was made available to you at least 4 weeks before the transaction date or it is made more than 8 weeks after being debited to your account
  • We were notified of the unauthorised/incorrectly executed transaction within 13 months of the debit date

13. Fees and Usage Restrictions

We do not charge any fees for checking your online balance and transactions. However, the following fees do apply:

Euro card Dollar card Everywhere card
FairFX Card Issue Fee FREE
Family and Friends Card Issue Fee FREE
Monthly Management Fee FREE
Expired Card Admin Fee €2.50 $3.00 £2.00
Applied per month on expired cards with leftover balances.
Usage Restrictions Please see Terms and Conditions
UK Point Of Sale Transaction Fee 1.75% when spending out of currency* FREE
International Point Of Sale Transaction Fee Free when spending in currency and 1.75% when spending out of currency* 1.4% of transaction value
ATM Transaction Fee €1.50 $2.00 £1
Please note that some ATMs may apply an additional surcharge.
Over the Counter Bank Branch Withdrawal Fee 1.5% of the transaction value. Subject to a minimum fee of €6.25 / £5 / $7.50
Lost and Stolen Card Block Fee FREE
Customer Service Telephone Enquiries Standard call charges apply.
Lost and Stolen Card Replacement Fee €9 $12 £5.99
PIN Issue/Re-Issue Fee FREE
Card Load/Reload FREE card load online by Debit / Credit card or Bank Transfer.
Dispute Administration Fee £10 per disputed transaction (this may be refunded in certain circumstances).
Refund Fee on active cards €5 $5 £5

Business and personal use

  • If you have expressed that your Prepaid Card will be used for business and personal spending then you will have been issued with a card number that begins with 5116.
  • If your Prepaid Card number begins with 5116, the following ATM Transaction Fee and UK Point Of Sale Transaction Fee will be applicable instead of what is outlined above.
  • All other Prepaid Card fees are applied as normal.
Euro card Dollar card Everywhere card
ATM Transaction Fee €0.75 $1 £0.50 (an additional 1.4% transactional fee will also apply on transactions abroad)
UK Point Of Sale Transaction Fee 1.75% when spending out of currency* Free

* A 1.75% out of currency fee is charged when you use the card in a different currency to what is held on the card (including ATM withdrawals).

*When you use your Card at an ATM, you may also be subject to applicable fees, surcharge rules and regulations of the relevant ATM, or other financial institution or association.

13.1 Authorisation will be requested for all transactions at the time of each transaction. In the unlikely event, for any reason whatsoever, a transaction is completed when there are insufficient funds on the Card for that transaction (a “Shortfall”), the shortfall shall be reimbursed by you unless it is due to an error on the part of the retailer where the Card was presented. In this circumstance we may seek the shortfall from the retailer.

You agree that once we make this shortfall known to you, we may charge you for the shortfall amount. We may charge the amount of the shortfall from any other Card that you hold with us, from any other payment method which you may designate at that time, or against any funds which you may subsequently load onto your Card or any additional Card ordered by you. Until we are reimbursed the shortfall amount, we may suspend your Card and any additional Cards connected to you. In addition, we reserve the right to charge you an administration fee for each transaction that you make using your Card that results in a shortfall or increases the shortfall amount on your Card.

14. Our Contact Details

You can contact us:

14.1 Via the Contact Us facility on the Website.

14.2 By phone on 0345 034 9998 between 08:30 and 17:00 from Monday to Friday (excluding bank holidays). Calls are charged at your standard network rate.

14.3 Lost or Stolen Cards can be reported on our app or your online account.

14.4 By post at FairFX Plc, 3rd Floor, Vintners’ Place, 68 Upper Thames Street, London, EC4V 3BJ.

15. Complaints

15.1 If you are unhappy in any way with your FairFX account, please tell us so we can try to resolve the situation. You can complain via email, post or by calling 0345 034 9998 between 08:30 and 17:00 from Monday to Friday (excluding bank holidays). Calls are charged at your standard network rate.

15.2 We will try to resolve any complaints you have about your payment instrument or the service we provide to you within 15 business days of receiving your complaint and in exceptional circumstances, within 35 business days (and we will let you know if this is the case)

15.3 You can request our Complaints Procedure via email, phone or by visiting our Website.

15.4 If we are not able to resolve the complaint to your satisfaction and you are eligible, you may be able to refer it to the Financial Ombudsman Service.

15.5 The Financial Ombudsman Service is a free, independent service which might be able to settle a complaint between you and us. Their contact details are: The Financial Ombudsman Service, Exchange Tower, London, E14 9SR; phone 0300 123 9 123, website www.financial-ombudsman.org.uk .

16. Compensation

16.1 The Card is an electronic money product and although it is a product regulated by the Financial Conduct Authority (FCA), it is not covered by the Financial Services Compensation Scheme (FSCS). No other compensation scheme exists to cover losses claimed in connection with the Card. This means in the unlikely event that WDCS Ltd becomes insolvent the funds held on your FairFX account may become valueless and unusable and as a result you may lose your money. However as a responsible e-money issuer, WDCS ltd ensures that, once it has received your funds, they are deposited into a secure account specifically for the purposes of redeeming transactions made by your Card. In the unlikely event that WDCS Ltd becomes insolvent, these funds should be protected on your behalf.

17. Assignment/Transfer

17.1 We may assign the benefit and burden of these terms and conditions to another company at any time, on giving you 60 days prior notice. If we do this, your rights will not be affected.

17.2 We may transfer your unused balance on your Card to a new Prepaid Card provider other than WDCS Ltd at any time, on giving you at least 60 days notice. If there are new terms and conditions, we will provide these to you. Unless you advise us within the 60 day notice period that you do not want the new Card, you agree that we can transfer the balance on your existing Card to the new Card when you activate it.

18. Commission charges (Padding)

18.1 Should you place a transaction using a FairFX Card in a currency that the Card is not denominated in, then FairFX will authorise a further 2% of the value of the transaction to cover any difference in exchange rates while the transaction remains authorised.

The 2% padding covers any difference between the rate you received initially and the average rate on the date that the transaction finalises. In nearly all cases the rate finalises at the same rate you purchased at and the padding marked on the statement as "Auth Commission" would be returned to your card as an available balance as soon as the transaction finalises.

18.2 Use of the FairFX US Dollar Card in restaurants and bars in the United States of America can experience padding to the total of 15% of the value of the transaction.

It is commonplace for restaurants and bars in the United States of America to authorise a transaction in a restaurant or bar, excluding a tip only to add the confirmed tip at a later point in time.

The 15% padding ensures that both there are sufficient funds on your card to support any tip you have authorised and that your card cannot fall into a negative balance.

This padding only lasts for as long as the transaction is authorised and as soon as the transaction completes then any funds held as padding automatically will immediately fall back on your Card as an available balance.

1. Scope of this Agreement

We will deal with you on:

1.1 These Terms of Business.

1.2 The General Terms and Conditions and any other additional terms issued by us.

1.3 Together referred to as this ‘Agreement.’ These terms are the only ones one which govern both FairFX and you in relation to any Order you may place.

2. Instructions

Your instructions to purchase travel cash must be placed through your account at www.fairfx.com or through the FairFX App. The only person authorised to give us instructions is yourself.

In entering into this Agreement, you warrant and understand that:

  • Late arrival of funds may result in delays in delivery of travel cash
  • We act only as an introducing broker and are not providing you with any advice regarding your decisions to buy or sell foreign currency. We will only accept payments from you.

3. The Services

3.1 We will provide facilities for you to buy travel cash.

3.2 By creating an order you instruct FairFX to issue cash to you. Once an order has been entered in to it cannot be altered, cancelled or rescinded. Each new order constitutes a separate contract subject to these terms and conditions.

3.3 When making an order you rely solely on your own judgement. If we provide you with information concerning any matter including (without limit) the foreign exchange markets, it is on a voluntary basis and we do not accept responsibility for the accuracy or completeness of such information or assume any duty of care in relation to it. We do not offer advice under this Agreement on any matter including (without limit) the merits or otherwise of any currency transactions, on taxation or markets.

3.4 We may at our absolute discretion refuse any order without giving any reason and without liability for any loss or damage incurred by you or any other party.

3.5 We will not transfer to you any funds representing the benefit of any fluctuation in cash arising after an order has been entered into.

3.6 We may request from you, from time to time any information regarding you and your business and financial affairs, status and identity including, without limitation, any information required for compliance with legislation governing money laundering or other matters.

3.7 You are responsible for ensuring the accuracy of all information submitted to us by you and must not withhold or omit any information that would render those details false or inaccurate. You must notify us immediately if you become aware of any error or omission.

4. Payments

4.1 FairFX accepts no responsibility should you send currency to another bank account other than what is stated on instructions received from FairFX.

4.2 All payments made by you under this Agreement shall be free from and without setoff, withholding, counterclaim or deduction whatsoever. We shall make all deliveries due to you under this Agreement in full unless required by law to make deductions

4.3 All funds provided by you under an order may be appropriated by us if we incur any liability in respect of any payment or in the event that you are unable to pay sums due to us and/or you are in breach of this Agreement.

4.4 FairFX may, at our discretion, make payments to third party introducers.

5. Delivery

5.1 Orders received before 13.00 on a working day will be processed and issued by Royal Mail Next Working Day Delivery, unless Saturday delivery is requested. This is subject to appropriate due diligence checks. A copy of Royal Mail’s terms and conditions are available from Royal Mail upon request.

5.2 Should you place an order on a non-working day then FairFX will execute the order as per your instructions the first working day following placement of the order.

5.3 It is your responsibility to have someone available to sign for the order. Royal Mail will attempt delivery to the requested address before 13:00. Any member of your household may sign to confirm delivery.

5.4 Any delivery times quoted by FairFX are estimates only and FairFX does not accept liability for late deliveries. Once a package has been collected by Royal Mail for delivery it is outside of FairFX’s control. Royal Mail may deliver, or attempt to deliver, on a Saturday, even if you have not selected the guaranteed Saturday delivery service.

5.5 If no one is in residence at your address when Royal Mail attempts to deliver, the order will be held at your local collection point. Royal Mail will provide notification as to where this is on a “Something for you” card. The Order must be collected from the same collection point as specified by Royal Mail.

5.6 On collection you will need to present the “Something for you card” and government approved photographic personal identification (for example, a passport or driving licence).

5.7 The package will only be held at the collection point for a limited amount of time (typically 5 business days after the collection date). FairFX cannot guarantee that you will be able to collect the package after the collection date specified in the order. If you believe you will be unable to collect the package on the date specified in the order, you must notify FairFX as soon as possible.

5.8 If you fail to:

(i) accept delivery of the package

(ii) collect the package from the Royal Mail after a failed delivery;

Once the package has been returned to FairFX, you may request a refund of its original payment subject to a buyback rate, or request FairFX to attempt re-delivery subject to additional postal costs.

5.9 You must not sign for any Package which has, in any way, had its packaging ruptured or tampered with. FairFX will not accept any responsibility or liability for any shortage if you have signed for a package which been ruptured or tampered with. A “shortage” means a situation where the amount of currency ordered is greater than the amount of currency actually delivered in a package. If the package has been damaged or tampered with you must reject delivery and inform FairFX immediately.

5.10 If there is a shortage in any package you must notify FairFX within 48 hours after receipt of the package. In the event that you notify FairFX of a shortage, FairFX may review its CCTV footage of the package being packaged for delivery.

5.11 If for any reason you do not receive a package and FairFX agrees to send you a package of replacement travel cash and you subsequently receive the original package, you agree to return the original. If you do not return the original package within 14 days, FairFX reserves the right to charge you for the package of replacement currency.

5.12 If, due to an error by FairFX, you receive more currency than ordered in a package, then you agree to return the excess travel cash to FairFX within 14 days of receipt of the package. FairFX agrees to reimburse you for any reasonable postage costs associated with the return of excess travel cash in accordance with this clause.

6. Collection

6.1 FairFX offers a collection service from a number of partners. The partners available to collect from will be displayed during the order process.

6.2 You must collect the package from the same collection point as specified during the order process.

6.3 Our partners will request government approved photographic personal identification (for example, a passport or driving licence) and the debit/credit Card used in the order when collecting a package. If personal identification is not provided the package cannot be handed to you.

6.4 If you choose to collect from a branch of City Forex the order will be available 15 minutes after you have received the confirmation email confirming that your order has been accepted and is available for collection.

6.5 Collection from other partners are dependant on Royal Mail. Orders place before 13.00 on a working day will be processed and issued by Royal Mail Next Working Day Delivery and will be ready for collection the following working day from the date of order.

6.6 The relevant track and trace number will be provided on your confirmation email so that you are aware when the order will be available for collection. FairFX does not guarantee the accuracy of the information provided by Royal Mail’s track and trace service.

6.7 The package will only be held at the collection point for a limited amount of time (typically five business days after the collection date). FairFX cannot guarantee that you will be able to collect the package after the collection date specified. If you believe you will be unable to collect the package on the date specified, you will need to notify FairFX as soon as possible.

6.8 If you do not collect the package with five business days the package may be returned. Should you request, FairFX will buy back the currency at the prevailing buyback rate.

7. Buy Back

7.1 FairFX offers the option to buy back currency for Sterling through our partner City Forex Ltd (City Forex). City Forex Ltd is wholly owned by the FairFX Group Plc.

7.2 It is not necessary to have purchased your currency from either FairFX or City Forex. All buyback orders must be sent to City Forex, 1 Fenchurch Place, London, EC3M 4AF. All orders are posted at the customers risk and should be insured, as recommended, to the value enclosed. Any lost items must be claimed by you from your chosen postal service.

7.3 City Forex will buy any currency listed on the website www.fairfx.com/product/cash provided that the currency comes in note form and is in circulation. Coinage of any kind cannot be accepted. You will be charged to return any coinage or outmoded notes which are received, or it will be donated to charity.

7.4 We are also unable to buy any €500.00 EUR notes or 1,000 CHF (Swiss Franc) notes. If you send any of these denominations, you will be charged to return them.

7.5 Currency received will be counted and scrutinised. Should it be discovered that a note is fake then it will be passed to the relevant authorities. City Forex cannot send such fake notes back to you. 

7.6 Once your currency and the completed buy back flyer has been received by City Forex you will be contacted to agree a buy back rate. The agreed Sterling price for your currency will be made via a bank transfer directly to you the same day or next working day dependant on bank cut off times. If you require a buy back flyer please do contact us at enquiries@fairfx.com

7.7 If you do not agree to the buy back rate then City Forex will be happy to return the currency to you via Royal Mail Next Working Day delivery. The exact Royal Mail delivery fee will be deducted from the currency received.

1. Scope of this Agreement

We will deal with you on:

1.1 These Terms of Business.

1.2 The General Retail Terms and Conditions and any other additional terms issued by us.

1.3 Together referred to as this 'Agreement'. These Terms are the only ones on which we will deal with you & govern the conduct of the parties in relation to any order you may place to the exclusion of all other terms and conditions.

2. Instructions

2.1 Your instructions to purchase currency must be placed through your account at www.fairfx.com or through the FairFX App. The only person authorised to give us instructions is yourself.

2.2 In entering into this Agreement, you warrant and understand that:

  • Late arrival of funds may result in delays in delivery of foreign currency
  • We act only as an introducing broker and are not providing you with any advice regarding your decisions to buy or sell foreign currency
  • We will only accept payments from you

3. The Services

3.1 We will provide facilities for you to buy and sell currency.

3.2 By creating an order you instruct FairFX to buy and sell currency on your behalf. Once an order has been entered in to it cannot be altered, cancelled or rescinded. Each new order constitutes a separate contract subject to these terms and conditions.

3.3 When making an order you rely solely on your own judgement. If we provide you with information concerning any matter including (without limit) the foreign exchange markets, it is on a voluntary basis and we do not accept responsibility for the accuracy or completeness of such information or assume any duty of care in relation to it. We do not offer advice under this Agreement on any matter including (without limit) the merits or otherwise of any currency transactions, on taxation or markets.

3.4 We may at our absolute discretion refuse any order without giving any reason and without liability for any loss or damage incurred by you or any other party.

3.5 We will not transfer to you any funds representing the benefit of any fluctuation in currency arising after an order has been entered into.

3.6 We may request from you, from time to time any information regarding you and your business and financial affairs, status and identity including, without limitation, any information required for compliance with legislation governing money laundering or other matters.

3.7 You are responsible for ensuring the accuracy of all information submitted to us by you and must not withhold or omit any information that would render those details false or inaccurate. You will notify us immediately if you become aware of any error or omission.

4. Delivery and Payments

4.1 FairFX will allow you to hold funds on account for the express purpose of onward delivery to a beneficiary of your discretion at a later date. There is no interest payable or any other financial gain from holding said funds with FairFX.

4.2 Should funds be held with FairFX all due care and control will be placed on said funds as required under law for their protection in accordance with the Financial Conduct Authority’s rules on Client Money. Such funds are safeguarded and may only be utilised through FairFX products and services as per your instructions.

4.3 FairFX accepts no responsibility should you send currency to another bank account other than what is stated on the instructions received from FairFX.

4.4 All payments made by you under this Agreement shall be free from and without setoff, withholding, counterclaim or deduction whatsoever. We shall make all payments due to you under this Agreement in full unless required by law to make deductions.

4.5 Banks have specific cut off times for the receipt and dispatch of electronic payments. We accept no responsibility for any consequence attributable to the arrival of funds or instruction of payment after the relevant cut off times. FairFX will ensure all orders received before such cut off times are executed immediately where practical.

4.6 Should you place an order on a non-working day then FairFX will execute the order as per your instructions the first working day following placement of the order.

4.7 All funds provided by you under an order maybe appropriated by us if we incur any liability in respect of any payment or in the event that you are unable to pay sums due to us and/or you are in breach of this Agreement.

4.8 Should a payment be returned to FairFX then the option will be provided to resend the payment or to sell the funds back to you at the prevailing buy back rate.

4.9 FairFX is not liable for any losses incurred either through selling the funds back to you at the prevailing buy back rate or funds having been received less than originally sent, due to fees having been taken from the rejecting bank.

4.10 You may be charged an additional fee to resend the funds should they be returned to FairFX. Please see below:


Currency

Resending Fee

Sterling

£0.40

Euros

£1.00

United States Dollar

£9.00

Australian Dollar

£10.00

Canadian Dollar

£11.00

Japanese Yen

£16.00

New Zealand Dollar

£16.00

Swiss Franc

£5.00

Bulgarian Lev

£5.00

Czech Koruna

£5.00

Indian Rupees

£7.00

Polish Zloty

£5.00

Romanian Leu

£5.00

South African Rand

£33.00


4.11 FairFX may, at our discretion, make payments to third party introducers.

After you have completed a FairPay transaction with FairFX, if you find a better rate from any other provider in the UK, notify us within 24 hours of transacting with us and we'll refund the difference between the FairPay online rate and the alternative rate you found elsewhere. This will only be in relation to the amount you have already transacted through FairPay.

1. The FairPay Price Guarantee only applies to rates offered through the online FairPay platform at www.fairfx.com/fairpay. Services we offer either in conjunction with any of our partner companies (including those hosted through www.fairfx.com/ or business.fairfx.com/) or for reloading a FairFX Prepaid Mastercard® Card or for home delivery of cash are excluded from the FairPay Price Guarantee.

2. Our commitment only applies to the currencies listed as Payment Currencies on FairPay (www.fairfx.com/fairpay) on the "trade date" you executed a transaction with us on FairPay. The trade date is the date you entered into your legally binding contract with FairFX Plc on the FairPay platform.

3. Foreign Exchange markets are volatile and rates can change quickly. The rate guarantee will only apply if you can demonstrate that you obtained a better quote online from an automated platform (and not over the phone) from another provider within 30 minutes of the time of executing your FairPay transaction on the same trade date.

4. The quotation from the other provider to which your FairPay transaction is being compared must be from a foreign currency retailer based in the UK who makes international transfers in the normal course of business and must be available to a UK resident retail customer.

5. The quotation from the other provider to which your FairPay transaction is being compared must be from a foreign currency retailer acting as a Principal to the transaction and not an exchange rate from a peer-to-peer platform.

6. The quotation from the other foreign currency retailer to which your FairPay transaction is being compared must be for the same transaction value as your completed FairPay transaction and for the same transaction terms including value date and must be for deliverable FX.

7. The price compared will be the total price (including overseas transfer fees or charges, commission, and FX margins) charged by the other provider to which the FairPay rate is being compared, on the same trade date you used FairPay. The prices compared must be genuine like-for-like buy rate and sell rate prices offered to the general public in the normal course of business and not "interbank rates"* or prices only available to staff, club members or other selected groups or individuals, or any limited time special offers.

8. The guarantee only applies to FairPay transactions paid for by Bank Transfer or Debit Card and does not include transactions paid for by Credit Card.

9. The guarantee is only effective for FairFX customers who have executed a FairPay transaction with FairFX and have completed the transaction by paying FairFX and the final foreign currency delivery has been completed.

*Interbank rates are considered rates that are indicative of the market and shown on various market and competitor websites which are not actually available for buying or selling but are based on the mid-point of buy and sell rates for large transactions in international foreign exchange markets.

The verification process

10. We offer our FairPay Price Guarantee wherever we can verify, to our reasonable satisfaction, the alternative online price that you have been offered. Therefore, please email the following information to priceguarantee@fairfx.com in order to claim your refund of any difference versus the FairPay transaction performed with FairFX.

  • Your FairPay Order Reference Number and your personal contact details;
  • The details of the alternative money transfer service, including:
    • Business name;
    • the exact website address you obtained the quote from
  • Confirmation of the total price and currency offered to you by that provider (including commission, FX margin and fees) and confirmation of the times and dates you obtained the alternative quote. A time and date stamped screen shot of the quote may suffice. As this guarantee only applies to online platforms, an e-mail from a Broker is not acceptable confirmation.

Time limits

11. Given that the Foreign Exchange markets move so quickly, our commitment only applies if you are able to demonstrate that you have obtained an online quote from another provider within 30 minutes of the FairPay transaction executed with FairFX.

12. The FairPay Price Guarantee only applies to transactions carried out on UK Business days between 09.00 and 17.30 UK time.

Other Terms

13. In exceptional market conditions, FairFX reserves the right to amend the rate comparison terms and conditions.

14. In order to provide you with and refund or to discuss your refund request with you we will also require you name, address and telephone number. FairFX will not share your personal information with third parties. Please click here (www.fairfx.com/privacy) for more information on our Privacy Policy

15. The FairPay Price Guarantee commitment to refund any difference will not apply if you have not paid us in full for the FairPay transaction that is being compared.

16. The FairPay Price Guarantee shall not apply in the unlikely event of FairFX quoting a rate that is manifestly in error (for instance a rate of Interbank or better on any currency or transposing a US dollar rate for a Euro rate)

17. The FairPay Price Guarantee is only applicable to UK resident customers.

18. FairFX may, at any time, withdraw this commitment in respect of transfers that have not already been made, without notice.

19. This commitment is made by FairFX Plc., 3rd Floor Vintners' Place, 68 Upper Thames Street, London EC4V 3BJ. UK Company registration number 05539698 and Money Service Business registration number 12236741

20. The FairPay Price Guarantee is capped at the prevailing Interbank rate at the time of the FairPay transaction. The maximum rate differential that this guarantee will cover is the spread between the FairPay rate and the Interbank rate at the precise moment of the completion of the FairPay transaction.

21. The FairPay Price Guarantee refund is payable up to a maximum of £250 on a single transaction. Each customer is limited to one successful claim under this Guarantee in each calendar year.

22. The guarantee does not apply to variations in FairFX’s own rates as these are changed to reflect market movements.

FairPay Online Price Guarantee Terms and Conditions last updated on 16 October 2013.

1. Scope of this Agreement

We will deal with you on:

1.1 These Terms of Business.

1.2 The General Terms and Conditions and any other additional terms issued by us.

1.3 Together referred to as this 'Agreement'. These terms are the only ones on which we will deal with you & govern the conduct of the parties in relation to any order you may place to the exclusion of all other terms and conditions.

2. The Service

2.1 FairFX and you, subject to these terms and conditions, will from time to time enter into transactions regarding foreign exchange and payments via the Dealing Desk or via your online FairFX account, in accordance with either your or an authorised person’s, written or (at the discretion of the Company) verbal instructions.

2.2 FairFX may, at its discretion, provide information to you on practical aspects of dealing in the foreign exchange markets. Nevertheless, you enter into a transaction at your own discretion and risk. You should not be, and are not entitled to be, reliant on FairFX for advice on the timing or terms of any transaction nor on the current state of the foreign exchange or other market conditions or future direction of exchange rate movements.

2.3 Each transaction will be evidenced by the issue of a written confirmation sent by FairFX to you by email, facsimile or post.

3. Client Instructions

3.1 You, or an authorised person, will from time to time, subject to these terms and conditions, use the FairFX secure website, email or give written or verbal instructions to FairFX for the purchase and/or sale and delivery of foreign currency which will form a binding and irrevocable commitment on your behalf.

3.2 FairFX will email a confirmation in respect of each transaction which will be delivered to you in a timely fashion.

3.3 New and amended beneficiary details will require extra security checks before the completion of a transaction. FairFX will not be liable for any delay or costs incurred by you through such a delay in completing this security check.

3.4 Instructions received via email are received by FairFX in good faith. FairFX accepts no responsibility for the placement of orders or transfer of funds through the malicious use of your email.

3.5 In the case of discrepancies, errors or omissions in a confirmation you must notify FairFX immediately by telephone or email but in any event no later than one working day of the date of the transaction. You acknowledge and agree that any failure to notify FairFX of any such discrepancies, errors or omissions shall prevent you doing so at a later time.

3.6 Instructions given by you, or an authorised person, may not be amended or altered or cancelled without the written consent from FairFX (and which, consent will not, without limitation be given where FairFX has acted on such instructions to its detriment).

3.7 FairFX retains the right to refuse to accept your instruction and is under no obligation to enter into a transaction should it choose not to do so.

4. Authorised Persons & Joint Account Holders

4.1 An authorised person shall mean any individuals, as listed on the registration form or at a later date, that are approved by you to conduct transactions on your behalf. Authorised persons may be amended in writing by you, addressed to FairFX, at any time.

4.2 Authorised persons will be living individuals. FairFX will treat transaction instructions from an authorised person as if they came from you.

4.3 When an account is created with two or more named persons, the account and any subsequent transactions entered will be treated as a joint account. In such a case all named persons will be liable to adhere to these terms and conditions, both together and individually, referred to as ‘you’ or ‘the client.’

5. Representation

5.1 You represent as at the date of each transaction and its settlement date that:

5.1.1 You are acting as the principal in the transaction, have full power and authority to enter into the transaction and are the beneficial owner of all monies paid or to be paid at the settlement date or by way of initial margin or a margin call (in each case) free from any charge or encumbrance;

5.1.2 The information provided by you in relation to the transaction is accurate and current and that any further information required by the Company, relevant to a transaction, will be accurate and complete in all material respects;

5.1.3 The transaction is for your personal requirements only and not investment purposes (as referenced by the Financial Services and Markets Act (Regulated Activities) Order 2001); and you have relied upon your own judgement in entering into the transaction, not placing any reliance on the Company in respect thereof.

5.2 You will provide FairFX, forthwith upon its request, with any information that may be required, or is considered necessary or desirable, to adhere to any applicable governmental or regulatory authority in relation to anti-money laundering laws and regulations.

5.3 It is your responsibility to ensure that you and all authorised persons keep safe any password which may at any time be required to access any part of FairFX’s services. Should you become aware of, or suspect that, an unauthorised person or third party has knowledge or access to your password, you must inform FairFX immediately.

6. Advice

6.1 FairFX is happy to provide you with ad hoc market information on request. FairFX does not provide advice in respect of when to trade. You should not treat any information provided as advice. It is up to you when to provide FairFX with instructions and up to you to ensure that your instructions are suitable for your requirements and circumstances.

7. Financial Obligations

7.1 For each transaction, you agree to pay cleared funds to the full amount specified in the confirmation, together with any commissions or transfer charges that may apply, into the bank account specified by FairFX on or before the relevant settlement date. In some cases where currency settlement instructions need to be given one working day in advance (by way of example only, Japan, New Zealand, Australia etc.), cleared funds must be paid into the specified account at least one working day prior to the settlement date.

7.2 The settlement date is the agreed date on which you will ensure cleared funds have been paid to FairFX and the day on which, having received cleared funds, FairFX will arrange to pay foreign currency to you or a designated account instructed by you.

7.3 On confirmed receipt of cleared funds FairFX will pay to you or to a party as per your instructions the amount due and agreed in the relevant confirmation.

7.4 FairFX will not make any payment on your behalf until cleared funds have been received and cannot accept responsibility for a delay in onward payment due to the late arrival of such funds. You expressly agree and acknowledge that banks have cut-off times, after which they will not accept same-day payment instructions, and that it is the responsibility of you to be aware of, and where necessary comply with, these cut off times.

7.5 FairFX will ensure all orders received before such cut off times are executed immediately where practical.

7.6 All payments made to FairFX in respect of foreign exchange transactions and under these terms and conditions are to be made in full without set-off, counterclaim or deduction whatsoever.

7.7 FairFX will make payments to you in full in respect of a transaction unless:

7.7.1 Where required by law to deduct sums in respect of taxation;

7.7.2 It is or will be owed amounts which are incurred in respect of transfer charges that may be levied;

7.7.3 Where you owe FairFX amounts in respect of other transactions and which have not been settled in accordance with these terms and conditions.

7.8 Where you do not pay cleared funds to FairFX by the settlement date (as specified in 7.2), the Company will charge you a daily penalty unless it agrees not to in writing. This penalty will reflect the cost of rolling forward any transactions to a newly agreed settlement date.

8. Orders

8.1 FairFX Order services are only available if FairFX has agreed that it will provide these services to you.

8.2 FairFX Order services include ‘Limit Order’, ‘Stop Loss Order’, and ‘OCO Order’ (One Cancels the Other) products;

8.2.1 A Limit Order is an instruction to buy or sell a currency at a specific rate, or better.

8.2.2 A Stop Loss Order is an instruction to buy or sell a currency when the market reaches a specific rate, in order to protect from losses due to adverse currency rate movement.

8.2.3 An OCO Order allows you to place simultaneously a Limit Order and a Stop Loss Order. This is done so that in the event of an upturn in foreign exchange rates, or conversely in the event of a downturn in foreign exchange rates, an Order will be activated. Should either the Limit Order or the relating Stop Loss Order be triggered then the other is cancelled immediately.

8.3 An Order is open from the point that it is agreed verbally with an appropriate representative of FairFX, or, if you have the appropriate permissions when it is booked online via your FairFX account.

8.4 FairFX may, at its discretion, decline requests to place Orders, and place transactional limits on the volume and frequency, and restrict the currencies for which Orders are available.

8.5 No guarantee exists that a target rate will be achieved for any Order, and the subsequent transaction fulfilled.

8.6 Extreme or temporary fluctuations in foreign exchange rate that cause a target rate to be hit may be discounted by FairFX at its discretion.

8.7 FairFX will communicate to you when the target rate placed through a Stop Loss Order, a Limit Order, or an OCO Order has been reached.

8.8 Should the target rate for an Order be achieved by FairFX the settlement date will be set at two working days from the point that the target rate was achieved unless otherwise agreed.

8.9 An Order will remain open for a maximum of three months and is cancellable by you only prior to the target rate being achieved and the Order being fulfilled and only cancelled once acknowledged by FairFX. No further requirements are placed upon FairFX unless funds are held and are to be returned to you upon cancellation.

8.10 FairFX reserves the right to cancel an Order at any time.

9. Forward Contracts

9.1 FairFX Forward Contracts are only available if FairFX has agreed it will provide a forward contract service to you.

9.2 Forward Contracts may be entered into either orally or in writing between yourself and FairFX.

9.3 FairFX Forward Contracts include ‘Fixed Date Forwards’ , ‘Open Date Forwards’ , ‘Window Forwards.’

9.3.1 Fixed Date Forwards is an agreement between FairFX and you to exchange a predefined sum of currencies at a predefined exchange rate and future date. The purchased currency can only be used in full on the agreed settlement date and not before.

9.3.2 Open Date Forwards is an agreement between FairFX and you to exchange a predefined sum of currencies on or before an agreed future settlement date. The can be done in one transaction or in partial settlements over this period.

9.3.3 Window Forwards is an agreement between FairFX and you to exchange a predefined sum of currencies, at a predefined exchange rate to be used between a range of dates made up of start data and future settlement date.

9.4 The settlement date of any Forward Contract, placed with FairFX shall not exceed 12 months from the date the Forward Contract was booked. This is referred to as the ‘Term.’

9.5 Due to the volatile nature of foreign currency markets a deposit is immediately required when Forward Contract is agreed between you and FairFX.

9.5.1 This deposit is valued at 10% of the total value of the Forward Contact.

9.5.2 A deposit that is greater or less than 10% of the value of the Forward Contact would be subject to a separate contract (“non-standard FairFX Forward Contact terms”).

9.6 You acknowledge that the Mark-to-Market value of a Forward Contact may fluctuate during the Term.

9.6.1 Mark-to-Market means the system by which Forward Contracts are revalued using current currency markets.

9.6.2 Should the Forward Contact depreciate by 7% relative to the current Mark-to Market valve of the Forward Contract you would be subject to a Margin Call.

9.6.3 On receipt of a Margin Call you will be required to provide additional funds (variation margin) equal to the decline in the value of the Forward Contract, as calculated using the Mark-to-Market system.

9.7 You undertake to pay FairFX for the currencies purchased on the settlement data. Provided you have made payment in full FairFX will deliver the purchased currencies as per your instructions.

9.8 If it is determined by FairFX that you are unable or unwilling to pay for the currencies purchased then FairFX may set off your deposit against all losses, costs, expenses and damages and you agree to indemnify FairFX for all losses, costs, expenses and damages arising from your failure to pay.

9.9 Should you have placed multiple Forward Contracts with FairFX, each contract will be valued, and the net position will be valued. If by settling one Forward Contract the net position of the remaining Forward Contracts fails into a Margin Call position, FairFX will reverse the right to withhold sufficient currencies to be onward paid until such time that the Margin Call has bene paid by you.

9.9.1 This netting authorisation shall remain in effect for so long as any Margin Calls are outstanding and may not be amended or rescinded except without the express written consent of FairFX.

10. Safeguarding

10.1 Funds held with FairFX are treated as safeguarded at the end of the business day and moved to designated client trust accounts in line with the Payment Services Regulations 2017. These accounts are separate from which FairFX’s own funds are held.

10.2 FairFX cannot use such funds for any reason but for the express execution of your transaction as per your instructions.

10.3 You will not gain interest or receive payments relating to funds held in safeguarded accounts with FairFX.

10.4 FairFX may only hold funds for a reasonable period in relation to the transaction. FairFX may not hold funds indefinitely. If funds are held for a period that is considered unreasonable, more than three months, FairFX will return the funds back to the bank account they derived from less any fees accrued.

10.5 Funds held as safeguarded in this manner are not covered by the Financial Services Compensation Scheme.

11. Default

11.1 FairFX has the right to terminate, close out or reverse a transaction without notice to the client if:

11.1.1 You fail to make any payment in respect to a transaction, when due and in accordance with these terms and conditions; or

11.1.2 You materially breach any of these terms and conditions or fail to comply with its obligations to FairFX or are in breach of any statute or regulation; or

11.1.3 It becomes or may become unlawful for FairFX to maintain or give effect to all or any of the obligations under these terms or conditions or otherwise to carry on its business; or

11.1.4 If FairFX is requested to close out a transaction (or any part thereof) by any regulatory authority whether or not the request is legally binding; or

11.1.5 FairFX in its absolute discretion considers it desirable or necessary to do so for its own protection

11.1.6 In the event that you become unable to meet your obligations as they become due or have a bankruptcy petition presented against you; or

11.1.7 You propose a form of composition or arrangement to your creditors; or

11.1.8 If you cease or threaten to cease all or part of your business; or

11.1.9 Any of the events specified above or anything comparable thereto occurs under the laws of any applicable jurisdiction.

11.2 If you become aware of the occurrence of any event referred to in Clause 11.1 above, you shall give FairFX notice of such event forthwith.

11.3 If you fail to make a payment due to FairFX in respect of any transaction, FairFX shall be entitled to collect interest on such unpaid items at a rate of the UK Statutory rate plus the Bank of England base rate calculated on a monthly basis from the date payment was due to the date payment is received.

11.4 If for any reason whatsoever you fail to meet your obligations to FairFX hereunder and or under any transaction, FairFX may at its discretion terminate any transaction without notice and without liability for any loss. In addition to charging interest as described in 11.3 above FairFX shall be entitled to make a charge of up to £250.00 in respect of administration fees regardless of whether any transaction is terminated or not.

12. Indemnity

12.1 You shall indemnify and keep FairFX indemnified during the proper performance of your obligations against all liabilities, claims, losses and costs incurred by FairFX arising out of a breach by you, or any authorised person, of all or any of these terms and conditions.

13. Disputes

13.1 If a dispute arises between FairFX and you in respect to a transaction, FairFX reserves the right to take, without prior notice, whatever action it deems necessary and appropriate with respect to the disputed transaction.

13.2 The amount of liability incurred either by FairFX or you at fault under the disputed transaction shall be equal to the direct loss plus any interest calculated under clause 11.3 of these terms & conditions.

13.3 Electronically recorded conversations, transcripts of such or other relevant material reflecting conversations between FairFX and you may be used in resolving disputes. You accept that these may be referred to in the resolution of any dispute. For further information as to how FairFX manages, protects and safeguards your data please refer to the privacy policy.

14. Complex Jurisdictions

14.1 Certain jurisdictions may be deemed overly complex or a higher risk. FairFX reserves the right not to accept transactions to or from such jurisdictions at its discretion.

15. General

15.1 You accept that foreign exchange markets are subject to volatility and that any transaction between FairFX and you are time critical. Time shall be of the essence in respect of any of your obligations.

15.2 You agree that FairFX may, at its discretion, carry out a check on your financial status as FairFX believes it is necessary to do so.

15.3 No failure or omission by FairFX to carry out its obligations under these terms and conditions or a transaction shall give any rise to any claim against FairFX if such failure or omission is, from any cause, reasonably beyond the control of FairFX. FairFX shall give notice to you that it is unable to fulfil its obligations and shall resume the performance of such obligations as soon as possible after the removal of the cause and shall notify you accordingly.

15.4 You agree that nothing in this agreement shall be deemed a partnership, joint venture or agency relationship between the parties.

We hope that you never have to complain about our products or services, however, we accept that on some occasions things can go wrong. Where we're at fault, we want to put things right as quickly as possible and will apologise to you.

In the First Instance

To query a transaction call 0345 034 9998 (Calls cost no more than a national rate call to a 01 or 02 number. They may also count towards any inclusive minutes in a phone contract in the same way as 01 and 02 calls). Office hours are: Mon-Fri 8.30am-5:00pm .

Complaints may be made via several methods:

  • Telephone: 0345 034 9998. (Calls cost no more than a national rate call to an 01 or 02 number. They may also count towards any inclusive minutes in a phone contract in the same way as 01 and 02 calls)
  • Post: 3rd Floor, 68 Vintners Place, London EC4V 3BJ
  • Email: enquiries@fairfx.com

Please provide us with your name and email address registered with us and the reason for your concern. Also include as much relevant information as possible to assist us. We will try to resolve your problem whenever possible within 24 hours.

If we are unable to resolve the matter within 24 hours we will record this as a formal complaint within our internal complaints procedure to be dealt with as follows:

  • Upon receipt of your formal complaint we will issue a prompt acknowledgement if we are unable to respond in full within five working days
  • Based on the nature of your concerns and the information provided we will use all the information at our disposal to investigate and resolve your complaint. We may need to contact you for further information as part of this process if it will help us to resolve the issue.

Resolving Your Complaint

A full and final response will be issued within 15 working days (35 days in exceptional circumstances) from the date we receive your initial complaint, setting out our understanding of your concerns and a possible resolution.

If we are unable to issue our full and final response within 15 working days (35 days in exceptional circumstances) we will write to you to update you on the progress of the investigation and the expected resolution date.

We are committed to ensuring all complaints are fairly addressed. However, if you are still unhappy with the outcome of our full and final response, or if 15 working days (35 days in exceptional circumstances) have passed and we have been unable to respond, you have the following options:

  • If you prefer, or if you feel you have additional information to support your complaint, let us know as we would welcome the opportunity to help resolve the matter in full
  • Alternatively, you may have the option to refer your complaint to the Financial Ombudsman Service for an impartial review and would need to do so within 6 months of our final response.

Financial Ombudsman Service Details

Financial Ombudsman Service, Exchange Tower, London, E14 9SR

Telephone: 0300 123 9 123

Email: complaint.info@financial-ombudsman.org.uk

www.financial-ombudsman.org.uk