International payments in IB4B
2. Requesting telegraphic transfers
3. Use of stores/branches, Correspondents and Beneficiary Banks
4. Laws and Regulations
5. Commissions, fees or charges
6. International cheques
7. Foreign Currency account transfers
8. Processing requests
9. Future-dated international payments
10. Email notification
12. Other exclusions and limitations
13. Disclosure of information
14. Code of Banking Practice
16. Exchange rates
17. Service availability
18. NetGuard Token
19. Foreign Currency Master Agreement
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1.1 These terms are a contract between you and Bank of New Zealand ("BNZ"). You should read these terms carefully as they place certain requirements and liabilities on you.
1.2 You must accept these terms before you can use International Payments in IB4B. Acceptance will be effected when BNZ receives your signed Application.
1.3 These terms and conditions apply to 'International Payments in IB4B' ("Service") which is accessed via Internet Banking for Business (IB4B) for which you must be registered to use this service. This Service allows you to make telegraphic transfers, purchase international cheques and to make transfers from Foreign Currency accounts (the "Services").
1.4 These specific terms and conditions ("International Payments in IB4B terms and conditions") are in addition to and should be read in conjunction with:
a. the Internet Banking for Business terms and conditions ("General Conditions") to which you agreed when you registered for IB4B; or are agreeing to now when registering for both IB4B and the Service at the same time;
b. the specific terms and conditions applicable to a nominated account.
1.5 To the extent of any inconsistency between the general conditions, any specific terms and conditions applicable to a nominated account, and the International Payments in IB4B terms and conditions, these International Payments in IB4B terms and conditions will prevail. You should be familiar with the General Conditions and specific nominated account terms and conditions when reading and before accepting these International Payments in IB4B terms and conditions.
2.1 You undertake that you will only request international cheques and make telegraphic transfers on your own behalf as principal.
2.2 If any payment requested by you is in US dollars, to be cleared in the United States ("the US"), or to be made using a bank in the US, then you shall, in respect of such payment, be deemed to have declared and undertaken to BNZ at the time of the relevant payment request that the beneficiary of the payment is not a person, group or entity, or in or associated with a country, sanctioned by US laws and regulations, including those administered by the Office of Foreign Assets Control ("OFAC") of the US Department of Treasury.
2.3 BNZ reserves the right to direct the payment through what it deems the most appropriate route at its sole discretion.
3.1 You agree that in connection with BNZ's provision of telegraphic transfer and international cheque services to you (including, without limitation, the making or receiving of a payment on your behalf), one or more BNZ stores/branches, other financial services providers ("Correspondents") and the bank where the beneficiary holds their account ("Beneficiary Bank") may be involved. The Beneficiary Bank may also be a Correspondent. The stores/branches, Correspondents and Beneficiary Bank may in each case be local or overseas and the Correspondents may or may not be appointed by BNZ.
3.2 If you quote an incorrect account number, Correspondents or the Beneficiary Bank in some countries will credit that account (if a valid number) notwithstanding that it is not in the name of the stipulated beneficiary, without any responsibility on their part. Further, some Correspondents or Beneficiary Banks will not separately advise the beneficiary when requested to do so of a credit to their account. BNZ will not be responsible for such actions.
3.3 If BNZ has sent telegraphic transfer payment instructions to a Correspondent and that Correspondent has actioned the request, the payment terms are final and cannot be changed or cancelled. This may occur within an hour or days of BNZ's receipt of your instructions.
3.4 You may request BNZ to cancel or amend any payment instructions provided for telegraphic transfers. At that time BNZ will send a request for cancellation or amendment to the Correspondent, which it may or may not be able to process.
3.5 In respect of the Services, payments in one currency may be converted by a Correspondent or the Beneficiary Bank into another currency at the Correspondent's or the Beneficiary Bank's (as the case may be) current rate of exchange on the day the conversion is made.
3.6 You agree that the involvement of Correspondents or the Beneficiary Bank (other than BNZ) in connection with the Services is entirely at your risk and that BNZ is not liable for any Loss arising in connection with the involvement of any Correspondent or the Beneficiary Bank (other than BNZ) or their acts or omissions, whether or not the Correspondent is appointed by the BNZ. In these terms, Loss means any costs; loss (whether direct or indirect) of profits, business, opportunity or anticipated savings; or any indirect or consequential loss howsoever suffered by you or any third party.
4.1 Any service BNZ provides to you may be affected directly or indirectly by laws including, without limitation, any subordinate instrument and the acts, practices and policies of local or foreign governments and their instrumentalities (a "Regulatory Authority") whether or not having the force of law ("Regulations"). Regulations may be those of any place where BNZ, any Correspondent or the Beneficiary Bank operates, or with which the services have some direct or indirect connection, or to which or from which a payment or instruction is made or received or in which some other thing is done, or may be the Regulations of or applicable to the currency of any payment. Regulations include, but are not limited to, those which affect, restrict, prohibit or otherwise render unlawful transactions, payments or dealings with assets, countries, any person, group or entity. The Services may be interrupted, prevented, delayed or otherwise adversely affected, either in whole or in part, by reason of a Regulation including, but not limited to, where BNZ, any Correspondent or the Beneficiary Bank considers, or a Regulatory Authority asserts, that a Regulation may apply (each an "Adverse Effect"). It is entirely your risk if any Adverse Effect occurs and BNZ has no obligation to contest any act of any Regulatory Authority.
4.2 BNZ and/or any Correspondent are not liable for any Loss (as defined above) arising from or in connection with any Adverse Effect.
5.1 BNZ will charge you fees for the Services as set out in our Business account and Agribusiness account service fees brochures (Fees Guides), which are available at any of our stores or partners centres, or at bnz.co.nz/ratesandfees or as otherwise agreed with us.
5.2 The involvement of Correspondents and the Beneficiary Bank means that the Services may be subject to other commissions, fees or charges payable to the Correspondent, BNZ or the Beneficiary Bank. BNZ may also receive and retain commissions, fee rebates or revenue-sharing payments from a Correspondent for using the Correspondent, the amount of which will be agreed between BNZ and the Correspondent from time to time.
5.3 For international cheques, unless BNZ instructs the Correspondent otherwise the Correspondent's commissions, fees or charges ("Correspondent Charges") will be deducted from any payment made on your behalf. However, should the Correspondent pass their commissions, fees or other charges onto BNZ, you agree to immediately reimburse BNZ for them in NZ dollars.
5.4 For telegraphic transfers, unless you instruct BNZ otherwise, the "Correspondent Charges" will be deducted from any payment made to the beneficiary, and BNZ will charge you with the telegraphic Transfer Issue fee. However, if you instruct BNZ that the "Charges Our fee" is to apply, this will be added to your Telegraphic Transfer Issue fee (and appear as one fee on your statement) and the Correspondent Charges will not be deducted from any payment made to the beneficiary. Our fees are set out in our Fees Guides.
5.5 Beneficiary Bank fees may also apply, and may be deducted from the payment made to the beneficiary.
5.6 BNZ's standard tracing fee will apply to any request sent to a Correspondent following a request by you to cancel or amend your payment instructions. Our fees are set out in our Fees Guides.
5.7 Where an account with BNZ is to be debited with any payment (including, without limitation, any commissions, fees and charges relating to dealing with cancellation, amendment or repurchase requests) to be made in relation to the Services, you authorise BNZ to debit that account for the amount payable.
6.1 Where you request an international cheque, we will forward the cheque to the address shown on the confirmation page when you confirm your instructions to BNZ. It is your responsibility to forward the international cheque to the intended recipient
6.2 If you request BNZ to repurchase an international cheque then you acknowledge and agree that BNZ can charge a repurchase fee per repurchase and that BNZ will use the rate of exchange current on the day of repurchase.
6.3 If BNZ cancels an international cheque (whether due to the international cheque being lost or not) at your request then you acknowledge and agree:
a. to wait until the cancellation becomes effective before asking BNZ to issue another international cheque in replacement for the one cancelled;
b. that the time required for a cancellation to be effective is beyond the control of BNZ;
c. that a fee is payable for each cancellation; and
d. further details on the terms and conditions of repurchase of an international cheque apply and will be made available when you request a repurchase.
7.1 The following Foreign Currency transfers are permitted on this Service:
a. Transfer funds from a Foreign Currency account to a NZ dollar account.
b. Transfer funds from a NZ dollar account to a Foreign Currency account.
c. Transfer funds from one Foreign Currency account to another Foreign Currency account of the same currency.
7.2 Foreign Currency transfers submitted using the secure request message service (“Secure Request”) include the three transfer types referenced in 7.1 and the transfer of funds from one Foreign Currency account to another Foreign Currency account of a different currency.
8.1 BNZ will process a request on a normal business day other than Saturday, Sunday and public holidays ("Business Day").
8.2 If a request is received after the time of day has passed where that currency can be traded ("Currency Cut Off") or on a day where there is a public holiday in the country of the currency you are sending ("Currency Holiday") subject to other terms and conditions set out in these International Payments in IB4B terms and conditions, BNZ will process the payment and send the payment with a value date (being the date BNZ instructs its Correspondent to pay the funds to the beneficiary's bank) of the following Business Day.
8.3 For Foreign Currency accounts international payments (including Foreign Currency transfers) will not be accepted on 'Currency Holidays' or after Currency Cut Offs unless it has been submitted using a Secure Request, in which case it will be processed on the next available Business Day.
8.4 If a live market exchange rate is required to process a Secure Request, the rate applied will be the rate applicable at the time the Secure Request is processed.
8.5 Submission of your request to BNZ is not confirmation the request is successful and has been completed. Where BNZ is unable to process your request we will attempt to contact you.
9.1 International payments may be dated up to a maximum of 365 days in the future (“Future Dated Payment”).
9.2 A Future Dated Payment is held unprocessed until its payment date is reached. BNZ will process Future Dated Payments on Business Days at such times as BNZ may advise from time to time.
9.3 If a live exchange rate is required to process a Future Dated Payment on its payment date, the rate applied will be the rate applicable as at the time the Future Dated Payment is processed. Your final authorisation of the payment is your agreement to accept the rate BNZ applies on the payment date.
9.4 Unprocessed Future Dated Payment requests can be cancelled up until the time of processing by a User who has been assigned the appropriate Function (as that term is defined in the General Conditions)
9.5 If there are insufficient funds at the time of processing of the payment, BNZ will retry to make that payment for you within a reasonable time of the payment’s due date, at such times as we determine in our absolute discretion. If there are still insufficient funds to make the payment upon the final retry, BNZ will cancel the payment. We are under no obligation to notify you of such cancellation.
10.1 The Service allows you to nominate an email address to which an automated notification will be sent when BNZ processes a telegraphic transfer request. BNZ has no way of monitoring if that email was received by the intended recipient and accepts no liability for non-receipt by the intended recipient. These email notification are not receipts.
11.1 Requests using the Service are subject to transaction and daily limits. Limits are subject to approval by BNZ and may be reviewed from time to time. BNZ can reduce the daily or transactional limits at any time (and without prior notice where it is necessary to protect the security of the service). Any changes to daily or transactional limits will be notified to you in writing.
12.1 BNZ will not be liable to you for any Loss (as defined above):
- arising as a result of BNZ declining to act or BNZ delaying acting on any instruction given in connection with the Services where it considers that it has good reason to do so;
- arising from BNZ acting reasonably in accordance with your instructions in connection with the Services caused by matters outside BNZ's control (including, without limitation, machine failure, problems with any system or network or industrial action).
BNZ's liability for any Loss (as defined above) is limited to reimbursement of any fees paid to BNZ for the supply of the adversely affected Service. Nothing in these terms limits our liability for acting fraudulently or excludes or limits our responsibility and liability to you under the Consumer Guarantees Act 1993 (if applicable), or to the extent that we are otherwise unable to exclude or limit it by law.
13.1 You agree that BNZ may use or disclose any personal or other information about you or the Services or any person connected in any way with the Services to any Correspondent, Beneficiary Bank or Regulatory Authority for any purpose which BNZ, any Correspondent or the Beneficiary Bank considers necessary or desirable in connection with any Regulation or the Services. You agree to provide any such information to BNZ on request. Such information may include, but is not limited to, names, addresses, method of payment, account number debited for payment, reason for payment and method of identification (including any identifying numbers from evidence of identification). If you fail to provide such information you acknowledge that supply of the Services may not be completed.
14.1 BNZ will comply with the Code of Banking Practice as it applies to these terms and conditions.
15.1 In consideration of BNZ acting upon a request which appears to its reasonable satisfaction to have been made in accordance with authorities held by BNZ, to the extent permitted at law you indemnify BNZ against all losses, claims and expenses that BNZ may incur by reason of acting upon the request, and without further authority or enquiry BNZ may debit the account(s) set out in such request, with all such claims and expenses whether such account(s) is or may become overdrawn as a result. In the event that such account(s) becomes overdrawn, you will pay interest at the rate(s) normally charged by BNZ. Any payment BNZ makes in accordance or purported accordance with the request shall be conclusive evidence that BNZ was liable to make such payment.
16.1 The Service quotes live exchange rates linked directly to current market movements. Any exchange rates quoted are subject to change without notice up until the point where you formally accept the rate or for Future Dated Payments, when the payment is processed in accordance with clause 9.3. BNZ accepts no liability for adverse exchange rate movements prior to your formal acceptance of the quoted rate.
16.2 Acceptance of the exchange rate by you is an irrevocable undertaking to complete the transaction. If for whatever reason the Request cannot be completed, you will be liable for any costs to reverse the foreign exchange transaction, including but not limited to any commissions payable for locking the rate and any exchange loss that may occur. If any request is subsequently cancelled by you and BNZ accepts your request to cancel, any exchange loss will be for your account.
16.3 You acknowledge that foreign currencies fluctuate and therefore the buying and selling of foreign currency can result in a loss to yourselves. You agree not to hold BNZ responsible in any way for any loss which you may suffer as a result of BNZ converting currencies on your behalf.
17.1 Authorising an international payment can only be done on Business Days as designated by BNZ from time to time BNZ may vary these times at any time without notice.
17.2 Due to market conditions, BNZ may make the Service unavailable for a period of time. BNZ accepts no liability if you are unable to complete a transaction because the Service is unavailable.
18.1 Notwithstanding clause 3.11 of the General Conditions (or any equivalent clause) when setting up or amending payment beneficiaries for telegraphic transfers and international cheques you will need to enter in a valid NetGuard Login code.
19.1 If you have entered into a Master Agreement with BNZ that agreement is amended so that any reference to a 'written communication' will be deemed to include any electronic communication such as email or IB4B confirmation screen.
20.1 BNZ may vary, add to, delete, or replace these terms and conditions unilaterally from time to time. BNZ will give you at least 14 days’ notice of any such variation, unless it is necessary in the circumstances for BNZ to give a lesser notice period (for example, where it is necessary to protect the security of the Service). BNZ has the right, in its sole discretion, by prior notice to change, suspend or cancel any of these Services.