Third party Direct Debit Agreement

PayGate Pty Ltd  |  Merchant Warrior

Direct Debit Authority Terms and Conditions

Terms

1. Parties

The “Facility Owner” means Quadsaa Pty Ltd, trading as Pretty Penny Loans, Company Number 5724527.

“Payment Contract” means the Agreement in which the Customer has agreed to pay for the service provided by the Facility Owner. Hereafter referred to as the “Agreement”

“The Provider” means one of the Third Party Direct Debit Users listed above or another provider engaged by the Facility Owner at any time of which will be notified via email.

The Customer acknowledges that the Provider has been contracted by the Facility Owner to collect the payments due under the Agreement in return for having an entitlement to use the services provided by the Facility Owner.

Nothing contained in the Payment Contract shall render the Provider, the agent of the Facility Owner, for any purpose other than the collection of payments due and payable under the Agreement.

You acknowledge that the Provider shall not in any way be liable to you for the provision of Services.

For the purpose of the Contracts Privacy Act 1982, you acknowledge that all rights of the Facility Owner pursuant to this Agreement may be enforced by the Provider, as if it were the Facility Owner, without requiring your consent or any involvement on the part of the Facility Owner.

2. Payments

The Provider shall administer the collection of payments due by you to the Facility Owner. All payments due by you shall be made directly to the Provider in the manner specified in the Agreement.

It can take up to three (3) days for payments to be processed from your account. Your obligations under this agreement is to ensure sufficient funds remain available to cover the instalment amount specified in this agreement for at least three (3) days after the nominated instalment date

Your obligations under this Agreement shall continue for the Term. Any failure by you to avail yourself of the Services does not absolve you from your obligations under this Agreement.

3. Rejection Fee

The Provider may charge a rejection fee for every payment that is dishonoured by your bank.

4. Overdue Fee

The Provider may charge overdue fees if your account is overdue.

Conditions of this Authority to Accept Direct Debits

The Initiator:

(a) Has agreed to send Notice of the net amount of each Direct Debit no later than the day the Direct Debit is initiated. This notice will be provided in writing (including by electronic means and SMS where the Customer has provided prior written consent (including by electronic means including SMS) to communicate electronically).

The notice will include the following message:

“The amount of $……….., was Direct Debited to your Bank account on (initiating date).”

(b) May, upon the relationship which gave rise to this Authority being terminated, give notice to the Bank that no further Direct Debits are to be initiated under the Authority. Upon receipt of such notice the Bank may terminate this Authority as to future payments by notice in writing to me/us.

2. The Customer may:

(a) At any time, terminate this Authority as to future payments by giving notice of termination to the Bank and to the Initiator by means agreed by the customer, Bank and Initiator.

(b) Stop payment of any Direct Debit to be initiated under this authority by the Initiator by giving written notice to the Bank prior to the Direct Debit being paid by the Bank.

(c) Where a variation to the amount agreed between the Initiator and the customer from time to time to be Direct Debited has been made without notice being given in terms of clause 1(a) above, request the Bank to reverse or alter any such Direct Debit initiated by the Initiator by debiting the amount of the reversal or alteration of a Direct Debit back to the Initiator through the Initiator’s Bank PROVIDED such request is made not more than 120 days from the date when the Direct Debit was debited to my/our account.

  3. The Customer acknowledges that:

(a) This authority will remain in full force and effect in respect of all Direct Debits passed to my/our account in good faith notwithstanding my/our death, bankruptcy or other revocation of this authority until actual notice of such event is received by the Bank.

(b) In any event this authority is subject to any arrangement now or hereafter existing between me/us and the Bank in relation to my/our account.

(c) Any dispute as to the correctness or validity of an amount debited to my/our account shall not be the concern of the Bank except in so far as the Direct Debit has not been paid in accordance with this authority.  Any other dispute lies between me/us and the Initiator.

(d) Where the Bank has used reasonable care and skill in acting in accordance with this authority, the Bank accepts no responsibility or liability in respect of:-

– the accuracy of information about Direct Debits on Bank statements; and

– any variations between notices given by the Initiator and the amounts of Direct Debits.

(e) The Bank is not responsible for, or under any liability in respect of the Initiator’s failure to give notice in accordance with 1(a) nor for the non-receipt or late receipt of notice by me/us for any reason whatsoever.  In any such situation the dispute lies between me/us and the Initiator.

(f) The direct debit authority will remain in place under the nominated bank account for the direct debit user employed or any other direct debit user employed in the future.

4. The Bank may:

(a) In its absolute discretion conclusively determine the order of priority of payment by it of any monies pursuant to this or any other authority, cheque or draft properly signed by me/us and given to or drawn on the Bank.

(b) At any time terminate this authority as to future payments by notice in writing to me/us.

(c) Charge its current fees for this service in force from time to time.

PayGate Direct Debit Request Service Agreement

PayGate

Initiator: PayGate NZ Ltd
Company NZBN: 9429041742402

I/we authorise PayGate, as the Debit User, User ID number 314753, to make withdrawals from my/our nominated account as determined by the centre named above.  PayGate, as the Debit User, acts as the billing agent for the centre named above and the service is administrative only and does not extend to the provision of any service or benefits provided by the centre named above.  An administration fee of 0.46¢ is applied to each transaction.

You Acknowledge that there may be a delay in processing if:

1) There is a public or bank holiday on the day, or any day after the debit date

2) A payment request is received by PayGate on a day that is not a Banking Business Day

3) A Payment request is received after normal operational hours, being 4pm Monday to Friday. Any payments that fall due on any of the above will be processed on the next business day.

Fees Charged to you by PayGate

Bank Account Transaction Fee

$0.46

Transaction Dishonor Fee

$4.95

TERMS & CONDITIONS OF THIS PAYMENT CONTRACT

 

This Payment Contract stands pursuant to the terms and conditions of any contractual agreement between you, the Customer, and the Business providing you with the goods &/ or services. PayGate provides only administration of this authority acting as a billing agent for the Business, and does not extend to the provision of any goods &/or services.

  1. It is your responsibility to have sufficient funds in your nominated account to permit a successful debit to be made.
  2. If a debit is returned unpaid by the financial institution you will be responsible for payment of the debit plus any return fees and administrative costs incurred.
  3. No account records or account details will be disclosed to any persons except where such information is required in connection with any claim relating to an alleged incorrect or wrongful debit.

CONDITIONS OF THIS AUTHORITY TO ACCEPT DIRECT DEBITS

The Initiator:

Undertakes to give notice to the Acceptor of the commencement date, frequency and amount at least 10 calendar days before the first Direct Debit are drawn (but no more than 2 calendar months). This notice will be provided either:

  1. in writing; or
  2. by electronic mail where the Customer has provided prior written consent to the Initiator

Where the Direct Debit system is used for the collection of payments which are regular as to frequency, but variable as to amounts. The initiator undertakes to provide the Acceptor with a schedule detailing each payment amount and each payment date. In the event of any subsequent change to the frequency or amount of the Direct Debits, the initiator has agreed to give advance notice of at least 30 days before changes come into effect. This notice must be provided either:

  1. in writing; or
  2. by electronic mail where the Customer has provided prior written consent to the Initiator

May, upon the relationship which gave rise to this Authority being terminated, give notice to the Bank that no further Direct Debits are to be initiated under the Authority.  Upon receipt of such notice the Bank may terminate this Authority as to future payments by notice in writing to me/us.

The Customer may:-

  1. At any time, terminate this Authority as to future payments by giving written notice of termination to the Bank and to the Initiator.
  2. Stop payment of any Direct Debit to be initiated under this Authority by the Initiator by giving written notice to the Bank prior to the Direct Debit being paid by the Bank.
  3. Where a variation to the amount agreed between the Initiator and the Customer from time to time to be direct debited has been made without notice being given in terms of 1(a) above, request the Bank to reverse or alter any such Direct Debit initiated by the Initiator by debiting the amount of the reversal or alteration of the Direct Debit back to the Initiator through the Initiator’s Bank, PROVIDED such request is made not more than 120 days from the date when the Direct Debit was debited to my/our account.

 

The Customer acknowledges that:-

  1. This authority will remain in full force and effect in respect of all Direct Debits passed to my/our account in good faith notwithstanding my/our death, bankruptcy or other revocation of this authority until actual notice of such event is received   by the Bank.
  2. In any event this authority is subject to any arrangement now or hereafter existing between me/us and the Bank in relation to my/our account.
  3. Any dispute as to the correctness or validity of an amount debited to my/our account shall not be the concern of the Bank except in so far as the Direct Debit has not been paid in accordance with this authority. Any other dispute lies between me/us and the Initiator.
  4. Where the Bank has used reasonable care and skill in acting in accordance with this authority, the Bank accepts no responsibility or liability in respect of:
    1. the accuracy of information about Direct Debits on Bank statements;
    2. any variations between notices given by the Initiator and the amounts of Direct Debits.
  5. The Bank is not responsible for, or under any liability in respect of the Initiator’s failure to give written advance notice correctly nor for the non-receipt or late receipt of notice by me/us for any reason whatsoever. In any such situation the dispute lies between me/us and the Initiator.
  6. Notice given by the Initiator in terms of clause 1(a) to the debtor responsible for the payment shall be effective. Any communication necessary because the debtor responsible for payment is a person other than me/us is a matter between me/us and the debtor concerned.

 

The Bank may:-

  1. In its absolute discretion conclusively determine the order of priority payment by it of any monies pursuant to this or any  other authority, cheque or draft properly executed by me/us and given to or drawn on the Bank.
  2. At any time terminate this authority as to future payments by notice in writing to me/us.
  3. Charge its current fees for this service in force from time-to-time.

 

Clear Funds

  1. You should ensure that you have sufficient clear funds in your account to enable the DDR to be honoured by your financial institution. If you are unable to make payment either of the amount requested or on the date selected, you should contact the entity as soon as possible and make an alternative arrangement. Direct debits normally occur overnight;  however  transactions  can take up to three (3) days depending on your financial institution.

 

Non Business Days

  1. If the debit day falls on a day that is not a business day, we may direct your financial institution to debit your account on the previous business day. If you are unsure about which day your account has or will be debited you should ask your financial institution.

 

Merchant Warrior Direct Debit Request Service Agreement

Terms & Conditions

I/We hereby authorise SR Global Solutions Pty Ltd ACN 132 951 172 (Direct Debit User ID number 397351) (herein referred to as “Merchant Warrior”) to make periodic debits on behalf of the “Business” as indicated on the attached Direct Debit Request (herein referred to as “the Business”).

I/We acknowledge that Merchant Warrior is acting as a Direct Debit Agent for the Business and that Merchant Warrior does not provide any goods or services (other than the direct debit collection services to me/us for the Business pursuant to the Direct Debit Request and this DDR Service Agreement) and has no express or implied liability in regards to the goods and services provided by the Business or the terms and conditions of any agreement that I/we have with the Business.

I/We acknowledge that the debit amount will be debited from my/our account according to the terms and conditions of my/our agreement with the Business and the terms and conditions of the Direct Debit Request (and specifically the Debit Arrangement and the Fees/Charges detailed in the Direct Debit Request) and this DDR Service Agreement.

I/We acknowledge that bank account and/or credit card details have been verified against a recent bank statement to ensure accuracy of the details provided and I/we will contact my/our financial institution if I/we are uncertain of the accuracy of these details.

I/We acknowledge that is my/our responsibility to ensure that there are sufficient cleared funds in the nominated account by the due date to enable the direct debit to be honoured on the debit date. Direct debits normally occur overnight, however transactions can take up to three (3) business days depending on the financial institution. Accordingly, I/we acknowledge and agree that sufficient funds will remain in the nominated account until the direct debit amount has been debited from the account and that if there are insufficient funds available, I/we agree that Merchant Warrior will not be held responsible for any fees and charges that may be charged by either my/our or its financial institution.

I/We acknowledge that there may be a delay in processing the debit if:-

(1) there is a public or bank holiday on the day of the debit, or any day after the debit date;

(2) a payment request is received by Merchant Warrior on a day that is not a banking business day in Queensland;

(3) a payment request is received after normal Merchant Warrior cut off times, being 4:00pm New South Wales time, Monday to Friday.

Any payments that fall due on any of the above will be processed on the next business day.

I/We authorise Merchant Warrior to vary the amount of the payments from time to time as may be agreed by me/us and the Business as provided for within my/our agreement with the Business. I/We authorise Merchant Warrior to vary the amount of the payments upon receiving instructions from the Business of the agreed variations. I/We do not require Merchant Warrior to notify me/us of such variations to the debit amount.

I/We acknowledge that Merchant Warrior is to provide at least 14 days’ notice if it proposes to vary any of the terms and conditions of the Direct Debit Request or this DDR Service Agreement including varying any of the terms of the debit arrangements between us.

I/We acknowledge that I/we will contact the Business if I/we wish to alter or defer any of the debit arrangements.

I/We acknowledge that any request by me/us to stop or cancel the debit arrangements will be directed to the Business.

I/We acknowledge that any disputed debit payments will be directed to the Business and/or Merchant Warrior. If no resolution is forthcoming, I/we agree to contact my/our financial institution.

I/We acknowledge that if a debit is returned by my/our financial institution as unpaid, a failed payment fee is payable by me/us to Merchant Warrior. I/We will also be responsible for any fees and charges applied by my/our financial institution for each unsuccessful debit attempt together with any collection fees, including but not limited to any solicitor fees and/or collection agent fee as may be incurred by Merchant Warrior.

I/We authorise Merchant Warrior to attempt to re-process any unsuccessful payments as advised by the Business.

I/We acknowledge that certain fees and charges (including setup, variation, SMS or processing fees) may apply to the Direct Debit Request and may be payable to Merchant Warrior and subject to my/our agreement with the Business agree to pay those fees and charges to Merchant Warrior.

Fees Charged to you by Merchant Warrior

Bank Account Transaction Fee

$0.50

Transaction Dishonor Fee

$2.00