TERMS AND CONDITIONS OF THE SPLIT PAYMENTS USER CONTRACT

1. INTRODUCTION

The Payment Initiator wishes to direct debit the User’s bank account in exchange for services provided by the Payment Initiator. This document outlines the rights and responsibilities you, the 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.

2. PARTIES TO CONTRACT

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

3. PAYMENTS

The 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 User authorises Split Payments to debit the outstanding balance in order to bring the account up to date.

4. TERMINATION OF CONTRACT

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

5. BREACH OF CONTRACT

The User, Split Payments and the Payment Initiator 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.

6. CONTRACT FEES

No fee is payable by the User in connection with the authorisation of this Contract. A $50.00 fee is payable to Split Payments by the Payment Initiator in the event that its act, omission or error (for example, providing incorrect User information) results Split Payments having to rectify such an act, omission or error.

7. PRIVACY

A User’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

8. LIABILITY

To the extent permitted by law, Split Payments hereby excludes any liability of Split Payments to the 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 User and/or any other person, or for any costs, charges or expenses incurred by the 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.

9. PROVISION OF SERVICE

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

10. 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.

11. ENTIRE AGREEMENT

This Contract, the DDR Service Agreement, any contractual agreement entered into between the User and the Payment Initiator constitute the entire agreement, understanding and arrangement (express and implied) between the 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 User Agreements, (where such inconsistent term(s) specifically relate to the rights and obligations of the Payment Initiator, other than the right to unilaterally vary fees payable), the term(s) of the User Agreements (which specifically relate to the rights and obligations of the Payment Initiator) 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 Payment Initiator under the Commercial Agreement.

DEFINITIONS:

COMMERCIAL AGREEMENT: means the Commercial Agreement between Split Payments Pty Ltd and the Payment Initiator.

CONSUMER USER: means a Consumer that:

(a) has connected their Consumer Account to the Platform using the authentication method provided by the Company;

(b) has entered into a DDR, DDRSA and Consumer User Contract.

MERCHANT USER: means a Merchant that:

(a) has connected their Merchant Account to the Platform using the authentication method provided by the Company;

(b) has entered into a DDR, DDRSA and Merchant User Contract.

PAYMENT INITIATOR: means the party the Merchant User or Consumer User is authorising Split Payments Pty Ltd to direct debit the User’s account acting on their behalf.

Split Payments Pty Ltd:  means Split Payments Pty Limited, 1/20 Porter Street, Byron Bay, NSW, 2481,

Phone: 1300 611 406

E-mail: [email protected]

USER: means You, the Merchant User or Consumer User.