The Debitsuccess Contract – Terms and
Conditions
1.
Introduction
This document outlines the rights and
responsibilities you have with regard to the ability of Debitsuccess to
directly debit your nominated bank account or credit card for any instalments
or payments due by you under the terms and conditions of this Contract. All
communication relating to this Contract are to be sent directly to Debitsuccess.
All queries regarding the provision of the Services should be directed to the
Facility.
2. Definitions
In this Contract, the words and
phrases referred to below are defined as follows:
·
“Commencement
Date” means the date that the Facility provides the Services to the Customer or
such other date as agreed by the Facility and the Customer.
·
“Contract” means
these terms and conditions together with the conditions of instruction to
accept direct debits.
·
“Customer” or
“you” means the person or party signing this Contract.
·
“Debitsuccess”
means Debitsuccess Pty Limited, a company incorporated in Australia – Phone:
1800 148 848, Email: customerservice@debitsuccess.com, Postal address: P.O. Box
577, Mt. Waverley, Victoria 3149.
·
“Facility” means
the organisation providing the Services and/or its franchisees, as applicable.
·
“Facility
Membership Agreement” means any terms, conditions and contractual agreements
made between the Facility and the Customer.
·
“Services” means
the services to be provided by the Facility pursuant to which this Contract
relates. For the purposes of this Contract, “Services” means an entitlement to
use the Services provided by the Facility and does not mean the “actual” use of
the Services.
3. Term
This Contract will commence on the
Commencement Date and will continue until all instalments and payments due have
been paid in full, unless terminated earlier in accordance with clause 4.
4. Early
termination
This Contract may be terminated at
any time with the agreement of the Facility. The Customer shall not consider
that this Contract has been terminated until such time as termination is
confirmed in writing to the Customer by Debitsuccess and/or the Facility to the
last address of the Customer that Debitsuccess has on record. Termination of
this Contract will also terminate the instruction to accept direct debits.
5. Further
customer agreements
The Customer agrees that:
·
Change in
Facility details –
the Customer’s obligations under this Contract are not affected by a reasonable
change in the normal location where the Services are ordinarily provided, a
reasonable change in the location of the Facility’s premises, a change in the
ownership of the Facility, or a change in the name of the Facility; and
·
Rights
conditional – the
Customer’s rights to the Services are conditional upon he or she:
o complying with any rules and
conditions of the Facility relating to the Services; and
o making any payments required under
this Contract when due.
6. Payments
As consideration for receipt of the
Services, the Customer agrees to pay the instalment amount at the agreed
payment frequency for the term of this Contract. The Customer may alter the
payment frequency and/or day to debit by requesting a change with Debitsuccess.
However, any changes shall not affect the total amount of money the Customer
would otherwise be required to pay. Should there be any payments in arrears,
the Customer authorises Debitsuccess to debit the outstanding balance in order
to bring the account up to date.
7. Administration
Fee
A one-off fee of the amount indicated
on the front of this Contract is payable to Debitsuccess by the Customer on
signing this Contract. The Customer authorises Debitsuccess to add any fees
owing under this clause, to the initial instalment to be paid by the Customer
(as a separate payment or otherwise) or to such other instalments as
Debitsuccess may, at its sole discretion, decide.
8.
Late Payment Fee
A late payment fee of the amount
indicated on the front of this Contract is payable by the Customer to
Debitsuccess for each reversal of a payment initiated by Debitsuccess in
accordance with this Contract. The Customer authorises Debitsuccess to add any
fees owing under this clause to any future instalments paid by the Customer (as
a separate payment or otherwise).
9. Privacy
The Customer acknowledges that:
·
Debitsuccess is
entitled to store his or her personal information (whether received from the
Customer, the Facility or otherwise) on its systems, and use it for the
purposes of administering this Contract, providing its products and services,
or offering alternative products and services;
·
he or she has
rights of access to, and correction of, his or her information under the Privacy
Act 1988 (Cth); and
·
Debitsuccess (or
the Facility) may contact the Customer for any purpose related to the provision
of its products and services.
10. Liability
The Customer agrees that, to the
extent permitted by law, neither the Facility, Debitsuccess or any of their
related companies, directors or employees will be liable for any direct,
indirect, or consequential injury, loss or damage to the Customer, or to the
property of the Customer whatsoever, arising out of or in relation to this Contract.
11. Debt
Collection Action
The Customer:
·
authorises the
Debitsuccess to notify any debt collection or credit reporting agency upon
default by the Customer in regard to any obligation to pay under this Contract;
·
agrees to
immediately pay the full outstanding balance of the remainder of the payments
due, including any current arrears, should a default occur prior to this
Contract terminating;
·
authorises
Debitsuccess to add $50 to the outstanding debt as its fee for dealing with the
default; and
·
agrees to pay any
and all costs incurred as a result of debt collection including the commission,
fees and costs charged by any debt collection agency (approximately 25% of the
outstanding debt).
12. Contracts
Privity
The Customer acknowledges that
Debitsuccess has been contracted by the Facility to collect the instalments due
under this Contract and the Customer acknowledges that all rights of the
Facility pursuant to this Contract are able to be enforced by Debitsuccess as
if it were the Facility, without any involvement on the part of the Facility or
the consent of the Customer.
13. Entire
Agreement
This Contract and the Facility
Membership Agreement (as applicable) constitutes the entire agreement,
understanding and arrangement (express and implied) between the Customer, the
Facility and Debitsuccess relating to the subject matter of this Contract, and
supersedes and cancels any previous agreement, understanding and arrangement
relating to the subject matter of these arrangements whether written or oral.
In the event of any inconsistency between the terms of this Contract and the
Facility Membership Agreement that specifically relate to the rights and
obligations of the Facility (other than any right to unilaterally vary fees
payable), the terms of the Facility Membership Agreement shall prevail.
14. Severability
If any provision of this Contract is
prohibited, invalid or unenforceable, that provision will be ineffective to the
extent of the prohibition, invalidity or unenforceability without invalidating
the remaining provisions of this Contract or affecting the validity or
enforceability of that provision, unless it materially alters the nature or
material terms of this Contract.
TERMS AND CONDITIONS OF THE DEBITSUCCESS
DIRECT DEBIT REQUEST (DDR) SERVICE AGREEMENT
1. INITIAL
TERMS
Debitsuccess will debit your
nominated account for the amounts and at the frequency of payments as agreed
between us on the Debitsuccess DDR Contract, authorised and accepted by you.
2. CHANGE
OF TERMS
In the unlikely event that the
initial terms are to change, they can only do so in accordance with your
Contract and we must give you at least 14 days’ notice of the changes including
if applicable the new amount, new frequency and next debit date.
3. DEFERRING
OR STOPPING A PAYMENT
Should you wish to defer a payment to
another date you must contact Debitsuccess before the date of that payment to
request the deferment. Deferments are entirely at the discretion of
Debitsuccess and will depend on the length of deferment, the current state of
your account and your past history. You may request us to stop an individual
payment however you will still be liable to make this payment by some other
method or your account will become overdue
4. ALTERING
THE SCHEDULE
Should you wish to alter the payment
frequency or Day to Debit, contact Debitsuccess and we, at our discretion, may
be able to make the changes you require. There may be a fee charged for this
service (details of any fees payable can be obtained by contacting Debitsuccess
on 1-800 148 848). Any changes made will not affect the total amount you would
otherwise have paid over the minimum term of your Contract.
5. SUSPENDING
THE PAYMENTS
Suspension of payments may be
possible under the terms of your Facility Membership Agreement. Payments may be
suspended for a minimum of 2 weeks at a time so long as the total time
suspended within the minimum term does not exceed 6 weeks. In order to suspend
payments you should contact Debitsuccess at least 3 days prior to the date of
the first suspended payment. There is a charge of $5.00 per week while the
contract is suspended unless a different fee is specified on the front of this
Contract. Any time spent on suspension will be added onto the minimum term of
the Contract so that the sum of the instalments payable for the minimum term or
number of payments shall still be payable regardless of any suspension or
suspension charges made.
6. CANCELLING
THE PAYMENTS
You can cancel this Direct Debit
Request Authority by requesting this of Debitsuccess or your bank. Cancellation
of the authority to debit your account will not terminate this contract or
remove your liability to make the payments you have agreed to.
7. DISPUTES
If you dispute any debit payment, you
must notify Debitsuccess immediately. Debitsuccess will respond to your dispute
within 7 working days and will immediately refund the amount of the debit if we
are not able to substantiate the reason for it. If you do not receive a
satisfactory response from us to your dispute contact your financial
institution who will respond to you with an answer to your claim within 5
business days if your claim is lodged within 12 months of the disputed drawing,
or within 30 business days if your claim is lodged after 12 months from the
disputed drawing.
8. NON
WORKING DAY
When the day to debit falls on a
weekend or public holiday the debit will be initiated on the next working day.
9. DISHONOURED
PAYMENTS
It is your responsibility to ensure
that on the due date clear funds are available in your nominated account to
meet the direct debit payment. Should your payment be dishonoured, Debitsuccess
will debit the amount indicated on the front of this Contract with your next
payment and may, if we have not received instructions to the contrary from you,
debit both the current due payment and the now overdue payment(s) on the same
day. Debitsuccess may debit other fees or costs involved with debt collection
in accordance with the terms and conditions of the Contract.
10. ENQUIRIES
All enquiries should be directed to
Debitsuccess and should be made at least 1 working day prior to the next
scheduled debit date.
11. YOUR
OTHER RESPONSIBILITIES
In addition to those already
mentioned, you are responsible for ensuring that your nominated account is able
to accept direct debits. If it is not, it is your responsibility to provide
Debitsuccess with a new account number.
DEBITSUCCESS’ PRODUCT
DISCLOSURE STATEMENT
ABOUT US
This Short-Form
Product Disclosure Statement (Short-Form PDS) is prepared by Debitsuccess Pty
Ltd ABN 32 095 551 581 (Debitsuccess, We, Us). We are a wholly owned
subsidiary of TSG Holdings (AUST) No.2 Pty Ltd ABN 89 608 821 281 and a related
company of Transaction Services Holdings Limited ARBN 125 664 860 (‘TSHL’).
HOW TO
CONTACT US
You can contact
Us by telephone (1800 148 848), by fax (1800 777 084),
via our website
(www.debitsuccess.com.au)
or by writing to us at PO Box 577, Mt Waverley Victoria 3149.
PRODUCT
ISSUER
Debitsuccess is
the issuer of the Debitsuccess Direct Debit Payment Product (the
Product) under an intermediary authorisation with THSL. THSL hold an
Australian Financial Services Licence (No. 338256) and We are an authorised
representative of THSL (AR 407894) authorised to provide financial product
advice about and deal in the Product.
THE
PRODUCT
The Product is a
non-cash payment facility which allows you to enter into an arrangement
with us for the payment of reoccurring amounts to a single merchant by
direct debit from your nominated bank account or credit card ('Account'). We
can only provide the facility to you if we have received a completed Direct
Debit Request that you have agreed to.
UPDATED
INFORMATION
Some information
might change from time to time. We will issue a supplementary or replacement
Short-Form PDS to you if there is a materially adverse change to or omission
from the information. For other changes, you can obtain up to date information
by contacting us. We will send you updated Information free of charge on
request.
DISCLAIMER
All information in
this Short-Form PDS is general only and does not take account of your
individual objectives, financial situation or specific needs. You should
consider how the information in this Short-Form PDS meets your needs before
deciding to apply for the Product.
OTHER
INFORMATION THAT FORMS PART OF THIS SHORT-FORM PDS
The
following documents are incorporated into, and form part of, this Short-Form
PDS:
1. The Terms
and Conditions of the Debitsuccess Contract and/or your customer/service
contract; and
2. The Terms
and Conditions of the Debitsuccess Direct Debit Request (DDR) Service
Agreement.
You should
read these documents as they include important information about the terms
and conditions that apply to our provision of the Product to you, including
information about cancellation and termination rights, breach of contract,
liability and privacy. They are printed on the back of our Direct Debit Request
(DDR) which you will be given by the merchant you require your payment to be
made to. The documents are also publically available to view or download from
our website or you can ask us for a copy.
SUMMARY OF
FEATURES AND BENEFITS OF THE PRODUCT
The
Product allows you to make recurring payments from your Account to a single
merchant - for example a club or organisation you have membership to. It has
many benefits, the key ones are summarised below:
Certainty - you can
align payments to your income stream by nominating the day payments are to be
deducted from your Account and the frequency.
Flexibility -
nominate payments to continue or stop on expiry of the minimum term.
Responsiveness - you
can elect to pay more over a shorter term (paying off your liability earlier)
or if your circumstances change you can arrange to make 'catch-up' payments in
special circumstances.
Security
of Data
- we have in place security systems of a very high standard which comply with
the Payment Card Industry Data Security Standards to ensure that your personal
information is secure from unauthorised access.
SUMMARY OF
RISKS OF USING THE PRODUCT
The
Product is designed to provide you with a simple and easy to use payment
solution. The Product is not
100% risk
free and there are some risks associated with use of the Product. We cannot
debit your account if you give us incorrect Account Detail or if you have
insufficient clear funds in your Account and in the unlikely event that our
systems or service providers are temporarily unavailable we may not be able to
debit your Account on the nominated day.
DISPUTE
RESOLUTION
If you are
not satisfied with our services, please telephone our internal dispute
resolution service on 1800 148
848 or
write to us. We will acknowledge your complaint in writing within 7 days and
endeavour to resolve it promptly. If you are not satisfied with our response,
we are a member of the Financial Ombudsman Service, an external dispute
resolution body who you can contact by telephone (1300 780 808), fax (03
9613 6399), in writing (GPO Box 3, Melbourne VIC 3001) or via their website
(www.fos.org.au).
COSTS AND
OTHER AMOUNTS PAYABLE
We may
deduct the following fees from your Account at the times indicated:
Fee
|
Amount
|
When Payable
|
Administration*
|
A maximum amount of $110.
The fee could
range
between $0 and
$110
depending on your arrangement with your merchant
For example:
You
may be charged a one off fee of $10 if so it will be
clearly indicated
on
the DDR form that
you complete with your merchant
|
Once only when
Product
is
first established
|
Reversal
|
Up to $15
|
On the Dishonour
of a payment
|
Debt Collection**
|
$50 plus 25% of full outstanding balance.
For example, if your
outstanding balance was $200, the Debt Cancellation Fee owing, in addition to
the outstanding contract balance of $200, will be $100 (comprising $50 plus
25% of the remaining balance (i.e. 25% of $200).
|
On cancellation of the product due to your failure
to pay the required amounts under your customer/membership contract resulting
in the referral of your account to Debt Collection.
|
*The fees
noted in the table above are maximum amounts charged by Debitsuccess in
relation to the provision of the product. The actual amounts payable are set
out in your customer/membership contract. You will be notified in writing of
the amount you pay before the Product is issued to you.
** This
fee will only be charged if Debitsuccess provides Debt Collection Services to
the business providing goods or services to you. If this is the case, the terms
relating to Debt Collection Services set out in your customer/membership
agreement will also apply.
This
Short-Form Product Disclosure Statement is dated 7 December 2016 and provides a
summary of key information in the Product Disclosure Statement as at that date.
We will provide you with a Product Disclosure Statement free of charge on
request.