TERMS AND CONDITIONS OF THE SPLIT PAYMENTS REGISTERED USER CONTRACT

1.INTRODUCTION

This document outlines the rights and responsibilities you, the Registered User, have with regard to the ability of Split Payments Pty Ltd to directly debit your nominated bank account for any instalments or fees due by you under the terms and conditions of this Contract and DDR Service Agreement, the terms of which are stated below. Should you have queries regarding your Contract or the DDR form you should in the first instance contact Split Payments.

  1. PARTIES TO CONTRACT

The “Customer” means the person or party authorising this Contract. “Split Payments” is Split Payments Pty Limited, 1/20 Porter Street, Byron Bay, NSW, 2481, Phone: (02) 6685 7720, E-mail: [email protected] .

All communication relating to this Contract is to be sent directly to Split Payments. The Registered User acknowledges that Split Payments has been contracted by the Customer to collect the Instalments due under this Contract, and also acknowledges that all rights of the Customer pursuant to this Contract are able to be enforced by Split Payments as if it were the Customer without any involvement on the part of the Customer or the consent of the Registered User.

  1. PAYMENTS

The Registered User agrees to pay the instalment amount at the agreed payment frequency until this Contract is terminated in accordance with clause 4 below. Should there be any arrears in payments the Registered User authorises Split Payments to debit the outstanding balance in order to bring the account up to date.

  1. TERMINATION OF CONTRACT

The Registered User may terminate this Contract before the expiry of the minimum term or payments if all the instalments and fees due up to the date of termination are paid, and in addition the cancellation fee as specified on the front of this Contract is paid to the Customer.

Should the Registered User enter into an agreement with the Customer which requires recurring or scheduled payments, then this Contract shall continue indefinitely until such time as the Registered User requests Split Payments to terminate, and all payments under contract have been made. Requests to cancel the Contract should be made directly with the Customer.  Split Payments will effect termination once it obtains instructions from the Customer to do so.  The period of notice will be determined by the Customer.  The Customer should contact Split Payments if they have not received written confirmation of the termination within the period of notice specified by the Customer. The Registered User shall not consider that this contract has been terminated until such time as this is confirmed until Split Payments notifies Registered User.  Termination of this Contract will also terminate the Direct Debit Request Authority.

  1. BREACH OF CONTRACT

The Registered User, Split Payments and the Customer each hold reciprocal rights of termination for a material breach of any term or condition of this Contract. The Contract will be terminated upon receipt of written notice outlining and substantiating the relevant breach.

  1. CONTRACT FEES

No fee is payable by the Registered User in connection with the authorisation of this Contract.

A $50.00 fee is payable to Split Payments by the Customer in the event that its act, omission or error (for example, providing incorrect Registered User information) results Split Payments having to rectify such an act, omission or error.

  1. PRIVACY

A Customer’s “personal information” (as that term is defined in the Privacy Act 1988 (Cth)) will only be used by Split Payments to provide you with the services contemplated by this Contract. Split Payments’ Privacy Statement is to be found on its website www.splitpayments.com.au/privacy

  1. LIABILITY

To the extent permitted by law, Split Payments hereby excludes any liability of Split Payments to the Registered User in contract, tort, statute or in any other way for any injury, damage or loss of any kind whatsoever (including, without limitation, any liability for direct, indirect, special or consequential loss or damage), sustained by the Registered User and/or any other person, or for any costs, charges or expenses incurred by the Registered User, arising from or in connection with this Contract and/or the services/products provided by Split Payments, and/or any act or omission of Split Payments.

  1. PROVISION OF SERVICE

Change of location or ownership or the name of the Customer does not absolve the Registered User of responsibilities under the terms and conditions of this Contract.

  1. DIRECT DEBIT REQUEST (DDR)

You request and authorise Split Payments Pty Ltd (user id
492448) to arrange, through its own financial institution, a debit to
your nominated account any amount Split Payments Pty
Ltd, has deemed payable by you.

This debit or charge will be made through the Bulk Electronic
Clearing System (BECS) from your account held at the financial
institution you have nominated below and will be subject to the
terms and conditions of the Direct Debit Request Service
Agreement.

  1. ENTIRE AGREEMENT

This Contract, the DDR Service Agreement, any contractual agreement entered into between the Registered User and the Customer (the “Registered User Agreements”) constitute the entire agreement, understanding and arrangement (express and implied) between the Registered User, the Customer and Split Payments relating to the subject matter of this Contract and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral. In the event of any inconsistency between the term(s) of this Contract, the DDR Service Agreement and the Registered User Agreements, (where such inconsistent term(s) specifically relate to the rights and obligations of the Customer, other than the right to unilaterally vary fees payable), the term(s) of the Registered User Agreements (which specifically relate to the rights and obligations of the Customer) will prevail only to the extent of such inconsistency. If any provision of this Contract is invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions will not be affected and such invalid, illegal or unenforceable provision is to be severed from this Contract.

Nothing in this clause alters, voids or diminishes Split Payments rights with the Customer under the Split Payments Customer Agreement.