Till Payments Direct Debit Request Services Agreement –
Till Payments Direct Debit Request Services Agreement
This Direct Debit Request Services Agreement (Terms) outlines your obligations to Till Payments Solutions Pty Ltd (ABN 64 160 726 349) (Till Payments, we, us or our) when you undertake any Direct Debit arrangements with us, as well as our commitments to you as your Direct Debit provider. These Terms apply to you when you enter into a Merchant Agreement with us and PayNuts Pty Ltd (ABN 14 659 309 529) (PayNuts) for the supply of payment services and form part of that Merchant Agreement, together with your Direct Debit Request.
Please ensure you read these Terms before submitting a Direct Debit Request. These Terms should be read in conjunction with your Direct Debit Request and your signed Merchant Agreement with Till Payments and PayNuts.
1. Definitions
Account means the account held at your Financial Institution from which we are authorised to arrange for funds to be debited, as nominated in the Direct Debit Request that forms part of your Merchant Agreement (subject to variation in accordance with these Terms).
Banking Day means a day other than a Saturday or a Sunday or a public holiday listed throughout Australia.
Debit Day means the day that payment by you to us is due.
Debit Payment means a particular transaction where a debit is made.
Direct Debit Request means the written or online Direct Debit Request between us and you under which you request us to debit funds from your Account.
Merchant Agreement means the agreement entered into between you, us and PayNuts, under which we and Till agree to provide you with certain payment services, including the Merchant Application Form and Direct Debit Request submitted and agreed to you under and in connection with that Merchant Agreement.
you means the customer who has signed or authorised the Direct Debit Request.
your Financial Institution means the financial institution nominated by you in your Direct Debit Request at which the Account is maintained.
2. Debiting your Account
a. By signing or authorising a Direct Debit Request, you have authorised and request us to arrange for funds to be debited from your Account, in accordance with and subject to the terms of your Direct Debit Request, your Merchant Agreement and these Terms.
b. We will arrange for funds to be debited from your Account as outlined in your Merchant Agreement (as varied from time to time). You also authorise us to make any other debits permitted under these Terms or authorised in the Direct Debit Request.
c. If the Debit Day falls on a day that is not a Banking Day, we may direct your Financial Institution to debit your Account on the following Banking Day. If you are unsure about which day your Account has or will be debited you should ask your Financial Institution.
3. Amendments by us
a. We may vary any details of these Terms or a Direct Debit Request at any time by giving you at least fourteen (14) days written notice.
4. Amendments by you
a. You must advise us as soon as possible if your Account details change or the Account is closed.
b. You may change, stop or defer a Debit Payment, or terminate your Direct Debit Request by providing us with at least 30 days notification by writing to:
- Till Payments Solutions Pty Ltd (ABN 64 160 726 349)
- L7, 78 Waterloo St, Macquarie Park, NSW 2113
- Attention: Company Secretary
- Emailed notices will be sent to: compliance@tillpayments.com
c. Alternatively, you can also arrange to suspend and/or cancel your Direct Debit Request through you Financial Institution.
d. However, you acknowledge and agree that the provision of a Direct Debit Request is a condition of your Merchant Agreement. If you terminate your Direct Debit Request with us, we may no longer be able to provide you with the payment services and we may exercise any rights to terminate or suspend your further receipt of payment services that are available to us under the Merchant Agreement.
5. Your obligations
a. By submitting a Direct Debit Request to us, you acknowledge and agree that you are authorised to submit the Direct Debit Request for the nominated account.
b. It is your responsibility to ensure that there are sufficient cleared funds available in your Account to allow a Debit Payment to be made in accordance with the Direct Debit Request.
c. If there are insufficient clear funds in your Account to meet a Debit Payment:
- i. you may be charged a fee and/or interest by your Financial Institution;
- ii. you may also incur fees or charges imposed or incurred by us; and
- iii. you must arrange for the Debit Payment to be made by another method or arrange for sufficient clear funds to be in your Account by an agreed time so that we can process the Debit Payment.
d. You should check your Account statement to verify that the amounts debited from your Account are correct.
6. Dispute
a. If you believe that there has been an error in debiting your Account, you should notify us directly as provided for above and confirm that notice in writing with us as soon as possible so that we can resolve your query more quickly. Alternatively, you can take it up directly with your Financial Institution.
b. If we conclude as a result of our investigations that your Account has been incorrectly debited we will respond to your query by arranging for your financial institution to adjust your Account (including interest and charges) accordingly. We will also notify you in writing of the amount by which your Account has been adjusted.
c. If we conclude as a result of our investigations that your Account has not been incorrectly debited we will respond to your query by providing you with reasons and any evidence for this finding in writing.
7. Accounts
You should check:
a. with your Financial Institution whether direct debiting is available from your Account as direct debiting is not available on all accounts offered by financial institutions.
b. your Account details which you have provided to us are correct by checking them against a recent Account statement; and
c. with your Financial Institution before completing the Direct Debit Request if you have any queries about how to complete the Direct Debit Request.
8. Confidentiality
a. We will keep any information (including your Account details) in your Direct Debit Request confidential. We will make reasonable efforts to keep any such information that we have about you secure and to ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information.
b. We will only disclose information that we have about you:
- i. to your Financial Institution or their request (e.g. in connection with a claim made for alleged incorrect or wrongful debit);
- ii. to the extent specifically required by law or permitted by our Privacy Policy; or
- iii. for the purposes of these Terms or the Merchant Agreement (including disclosing information in connection with any query or claim).
9. Notices
a. If you wish to notify us in writing about anything relating to this agreement, you should write to:
- Till Payments Solutions Pty Ltd (ABN 64 160 726 349)
- L7, 78 Waterloo St, Macquarie Park, NSW 2113
- Attention: Company Secretary
- Emailed notices will be sent to: compliance@tillpayments.com
b. We will notify you by sending a notice in the ordinary post to the address you have given us in the Direct Debit Request.
c. Any notice will be deemed to have been received on the third Banking Day after posting.
