- Business has the meaning set out in Clause 3.
- Business Customer Agreement means the agreement between you and the Business pursuant to which you agree to purchase the services provided by the Business.
- Collection Agent means FIRST DATA, or any other replacement collection agent otherwise appointed by DEBITSUCCESS from time to time.
- Customer Personal Data means Personal Data which you disclose to the Business, DEBITSUCCESS and/or the Collection Agent, or which the Business, DEBITSUCCESS and/or the Collection Agent processes on your behalf;
- DEBITSUCCESS means Debitsuccess Pty Limited acting on its own or through its Collection Agent.
- FIRST DATA means First Data Merchant Solutions Pte Limited.
- PDPA means the Personal Data Protection Act 2012; and
- Personal Data means data, whether true or not, about an individual who can be identified: (a) from that data alone; or (b) from that data and other information which the Business, DEBITSUCCESS and/or the Collection Agent are likely to have access.
AUTHORITY TO COLLECT DIRECT DEBIT INSTALMENTS
1. You authorise DEBITSUCCESS to:
a. collect direct debit instalments from your payment card for the Business’ fees;
b. collect direct debit instalments from your payment card for DEBITSUCCESS’ fees and charges including:
i. a fee for the direct debit service;
ii. a fee for establishing your account; and
iii. a fee in the event that a direct debit instalment from your payment card fails.
c. collect direct debit instalments from your payment card in accordance with:
i. the payment arrangement for the Business’ fees (as outlined in the Business Customer Agreement);
ii. these Terms and Conditions; and
iii. any agreement between DEBITSUCCESS and the Business.
2. You will refer any disputed debit item or amount to the Business.
PARTIES – WHO THEY ARE AND WHAT THEY DO
3. The Business is the organisation providing you with the contracted goods or services.
4. DEBITSUCCESS is:
a. the direct debit agent of the Business;
b. the organisation which debits your payment card; and
c. not the provider of goods or services to you.
5. Neither DEBITSUCCESS or its Collection Agent will:
a. have any express or implied liability in relation to goods or services provided by the Business (save where such provision of goods or services is affected due to DEBITSUCCESS’s own fraudulent or negligent acts or omissions); or
b. have any obligation to provide a tax invoice to you for its fees and charges.
6. There are separate agreements between:
a. you and DEBITSUCCESS (this document);
b. you and the Business; and
c. the Business and DEBITSUCCESS.
ACKNOWLEDGEMENT OF WHEN THIS PAYMENT AUTHORITY MAY BE TERMINATED
7. DEBITSUCCESS may terminate this Payment Authority and cease to provide the direct debit service at any time by written notice sent by mail or email.
8. You may terminate this Payment Authority by providing seven (7) days’ written notice to DEBITSUCCESS.
9. If you give notice to terminate this Payment Authority, DEBITSUCCESS may make any period direct debits due within seven (7) days’ notice period.
10. If a Payment Authority is terminated by either party any contracts, agreements or payments obligations you have with the Business will not be affected.
AUTHORITY TO VARY FEES AND CHARGES
11. You authorise the Business to:
a. vary the amount, frequency and date of its fees and, accordingly, the direct debit instalment amounts from time to time; and
b. otherwise vary the direct debit instalment in accordance with your agreement with the Business;
c. the Business makes reasonable attempts to provide prior notice to you in time for you to terminate this Payment Authority and 14 days after making a reasonable attempt to provide such notice to you, you have not terminated this Payment Authority.
12. You authorise DEBITSUCCESS to vary the amount, frequency and date of the direct debit instalments relating to payment of the Business’ fees from time to time, if instructed by the Business;
a. DEBITSUCCESS is not on notice that the Business has not made reasonable attempts to provide prior notice to you; and
b. DEBITSUCCESS is not on notice that the variation is not otherwise in accordance with your agreement with the Business.
13. DEBITSUCCESS will not increase the rates of its fees and charges by any amount or at any time during the year, unless DEBITSUCCESS makes reasonable attempts to provide prior notice to you in time for you to terminate this Payment Authority and 14 days after making a reasonable attempt to provide such notice to you, you have not terminated this Payment Authority.
14. If DEBITSUCCESS, in compliance with these Terms and Conditions, varies the amount of the direct debit instalment:
a. DEBITSUCCESS will do so without requiring a signed agreement; and
b. DEBITSUCCESS will do so without requiring a new Business Customer Agreement.
GENERAL VARIATION OF THESE TERMS AND CONDITIONS
15. DEBITSUCCESS may:
a. vary these Terms and Conditions by posting a new version on its website and making reasonable attempts to provide prior notice to me in time for me to terminate this Payment Authority, provided that 14 days after making a reasonable attempt to provide such notice, I have not terminated this Payment Authority.
16. DEBITSUCCESS will not:
a. use this method to vary the amount of the direct debit instalments.
17. You will:
a. check DEBITSUCCESS//FIRST DATA’s website from time to time for variations to these Terms and Conditions.
18. Any amended Terms and Conditions will apply to you and DEBITSUCCESS if:
a. DEBITSUCCESS posts the amended version on its website and makes reasonable attempts to provide prior notice to me in time for me to terminate this Payment Authority and 14 days after making a reasonable attempt to provide such notice, I have not terminated this Payment Authority.
YOUR RESPONSIBILITIES RELATING TO YOUR CARD
19. You must:
a. inform DEBITSUCCESS or the Business of any changes to your payment card or to your contact details, and you agree that DEBITSUCCESS is entitled to take payment from your payment card until you provide DEBITSUCCESS with any new payment card details that should apply, even after the payment card has expired;
b. do all things reasonably necessary to facilitate the direct debiting of your payment card in accordance with these Terms and Conditions; and
c. have sufficient funds available on your payment card for the direct debit instalments.
20. If you do not have sufficient funds on your payment card for the periodic direct debits and you do not have a genuine dispute with the Business or DEBITSUCCESS, DEBITSUCCESS may:
a. charge you a failed payment fee for each unsuccessful debit (separate to any fee charge to you by your financial institution);
b. charge you debt collection fees;
c. charge you legal fees; and
d. in conjunction with the Business, implement re-debit measures to recover any outstanding amounts.
21. DEBITSUCCESS will not:
a. be liable for any fees or charges which arise due to insufficient funds on your payment card (save where such fees or charges arise out of DEBITSUCCESS’s own fraudulent or negligent acts or omissions); or
b. provide any information or explanation regarding unsuccessful debits of your payment card.
22. You must direct any enquiries about unsuccessful debits of your payment card to your financial institution.
DELAYS IN PROCESSING DIRECT DEBIT INSTALMENTS
23. You acknowledge that a delay may occur in the processing of a direct debit instalment if:
a. there is a public or bank holiday on the day or the day after a payment is due to be made;
b. a payment is received either on a day which is not a banking business day or after the normal close of business on a banking business day;
c. DEBITSUCCESS does not receive the Direct Debit Request Form in time to process the request prior to the first due direct debit instalment;
d. DEBITSUCCESS does not receive a request for variation in time to process the request prior to the next due periodic direct debit;
e. information supplied on a Direct Debit Request Form or any requested variation is incomplete, incorrect, illegible or, for any other reason, does not allow DEBITSUCCESS to process the information promptly;
f. You do not have sufficient funds available on your payment card; or
g. there is a technology failure.
VARIATIONS TO DIRECT DEBIT INSTALMENTS
24. DEBITSUCCESS will make reasonable attempts to minimise any variance to amounts of periodic direct debits affected by factors within its control.
25. DEBITSUCCESS will not be responsible or liable for any variance to or shortfall to debit amounts of periodic direct debits caused by:
a. external factors beyond the control of DEBITSUCCESS; or
b. the timing of when a direct debit instalment is requested and processed.
26. DEBITSUCCESS will not be liable for any faults in the direct debiting of your payment card caused by:
a. fraudulent activity;
b. security hacking;
c. environmental disasters;
d. failure of technology systems used by DEBITSUCCESS;
e. any fault in the technology systems used by DEBITSUCCESS for direct debiting; or
f. any delay or interruption caused by the technology systems used by DEBITSUCCESS to facilitate direct debiting,
except where such faults arise from DEBITSUCCESS’s own negligent acts or omissions.
AUTHORITY TO COMMUNICATE
27. You authorise DEBITSUCCESS to communicate with you to:
a. validate and confirm your identify;
b. validate and confirm your payment card details;
c. validate and confirm your authority to collect direct debit instalments from your payment card;
d. assist the Business to service and promote its products; and
e. promote third party products.
f. provide specific customer access on its website;
g. communicate with you by all other available means;
h. advertise related and unrelated products on its website;
i. inform you of products, services or special offers relating to the provision of its direct debit service and other related financial service products;
j. inform you of products, services or special offers for third party products whether related to DEBITSUCCESS services or not; and
k. notify you in the event of termination of the agreement between DEBITSUCCESS and the Business.
HANDLING AND PROTECTION OF PERSONAL DATA
28. Compliance with PDPA. DEBITSUCCESS shall comply with all its obligations under the PDPA at its own cost.
29. Process, Use and Disclosure. DEBITSUCCESS shall only process, use or disclose Customer Personal Data:
a. strictly for the purposes of fulfilling its obligations and providing the services required under this Agreement;
b. with the Customer’s prior written consent; or
c. when required by law or an order of court, but shall notify you as soon as practicable before complying with such law or order of court at its own costs.
30. Transfer of personal data outside Singapore. You agree that DEBITSUCCESS may transfer Customer Personal Data outside of Singapore for the express purposes of fulfilling its obligations under these Terms and Conditions, the Business Customer Agreement, and any agreement between the Business and DEBITSUCCESS. DEBITSUCCESS undertakes that the Customer Personal Data transferred outside Singapore will be protected at a standard that is comparable to that under the PDPA. If DEBITSUCCESS transfers Customer Personal Data to any third party overseas, it shall ensure that it obtains the same written undertaking from such third party.
31. Security Measures. DEBITSUCCESS shall protect Customer Personal Data in its control or possession by making reasonable security arrangements (including, where appropriate, physical, administrative, procedural and information & communications technology measures) to prevent unauthorised or accidental access, collection, use, disclosure, copying, modification, disposal or destruction of Customer Personal Data, or other similar risks.
32. Access to Personal Data. DEBITSUCCESS shall provide you with access to your Personal Data that it has in its possession or control, as soon as practicable upon your written request.
33. Accuracy and Correction of Personal Data. Where you provide Customer Personal Data to the Business, DEBITSUCCESSS and/or the Collection Agent, you shall make reasonable efforts to ensure that the Customer Personal Data is accurate and complete before providing the same to the Business, DEBITSUCCESS and/or the Collection Agent. DEBITSUCCESS will ensure that it has in place adequate measures to ensure that the Customer Personal Data in its possession or control remain or is otherwise accurate and complete. In any case, DEBITSUCCESS shall take steps to correct any errors in the Customer Personal Data, as soon as practicable upon your written request.
34. Retention of Personal Data. DEBITSUCCESS shall:
a. not retain Customer Personal Data (or any documents or records containing Customer Personal Data, electronic or otherwise) for any period of time longer than is necessary to serve the purposes of this Agreement.
b. upon your request:
i. return to the Customer, Customer Personal Data; or
ii. delete Customer Personal Data in its possession,
except to the extent that such particulars of the Customer Personal Data may be retained by DEBITSUCCESS for a period of six years from the date of such request, in order for it to defend any future claim or cause of action brought by you.
c. instruct all third parties to whom it has disclosed Customer Personal Data for the purposes of this Agreement to return to it or delete, such Customer Personal Data.
35. Notification of Breach. DEBITSUCCESSS shall immediately notify you when it becomes aware of a breach of any of its obligations in Clauses 29 to 34.
36. Indemnity. DEBITSUCCESS shall indemnify you against all actions, claims, demands, losses, damages, statutory penalties, expenses and cost (including legal costs on an indemnity basis), in respect of:
a. its breach of Clauses 29 to 34; or
b. any act, omission or negligence of DEBITSUCCESS that causes or results in you being in breach of the PDPA.
37. You release and jointly and severally indemnify DEBITSUCCESS and the Collection Agent in respect of:
a. any payment made by you or any direct debit of your payment card made by DEBITSUCCESS pursuant to these Terms and Conditions;
b. the matters set out and payments made in accordance with the Business Customer Agreement and these Terms and Conditions;
c. any claim you, or the Business or any franchisor of the Business or any third party may have in relation to the payments made by you pursuant to these Terms and Conditions and the Business Customer Agreement; and
d. any situation where, despite your payment card being debited by DEBITSUCCESS, the Business fails to provide or suspends the provision of services to you,
except where loss or damage arises due to DEBITSUCCESS’ own negligent acts or omissions.
38. You authorise DEBITSUCCESS to:
a. verify the details of your payment card with your financial institution;
b. release personal information about you to assist a debt collection agency to recover any outstanding payment from you;
c. collect, use and disclose personal information about you to the Business, your financial institutions, their agents or affiliates, or such other applicable third party, for the purposes of processing enquiries, registration or payment, assisting DEBITSUCCESS in improving DEBITSUCCESS’s service to you, providing you with information on other products and services offered by DEBITSUCCESS and third parties, and as required or authorised by applicable law or other legal requirement, codes of practice or directives, or policies of any government, regulatory body or other competent authority;
e. release such information as is reasonably required by your financial institution in relation to an incorrect or wrongful debit.
39. You authorise your financial institution to release such information to DEBITSUCCESS and/or the Collection Agent as is necessary to allow DEBITSUCCESS and/or the Collection Agent to verify your payment card details.
40. Notwithstanding the other terms in these Terms and Conditions, you agree that DEBITSUCCESS may choose not to provide its services to you if you request that your direct debit instalments be collected from a payment card not issued by a licensed credit card issuer in Singapore or a bank or merchant bank licensed in Singapore.
41. You understand that DEBITSUCCESS may be requested by an agency or authority (including the Monetary Authority of Singapore) to provide information about you, your payment card, and the services. You agree:
a. that DEBITSUCCESS is permitted to disclose such information as it considers to be relevant to the agency or authority without providing prior notice to you;
b. that DEBITSUCCESS has no obligation to ascertain or enquire into the purpose for which such information is requested; and
c. You undertake to immediately provide such information (as DEBITSUCCESS considers to be relevant) to DEBITSUCCESS.
42. You acknowledge that DEBITSUCCESS is subject to certain laws in Singapore (Applicable Laws) including the anti-money laundering and counter-terrorism financing laws and regulations, such as:
a. the PDPA;
b. the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Cap. 65A of Singapore);
c. the Terrorism (Suppression of Financing) Act (Cap. 325 of Singapore); and
d. the United Nations Act (Cap. 339 of Singapore).
e. that DEBITSUCCESS is permitted to disclose such information as it considers to be relevant in order to comply with the Applicable Laws without providing prior notice to you; and
f. you shall immediately provide DEBITSUCCESS with such information as may be required by DEBITSUCCESS to comply with any Applicable Laws.
43. No person who is not a party to these Terms and Conditions shall have any right pursuant to the Contracts (Right of Third Parties) Act (Cap. 53B of Singapore) to enforce any benefit or enforce any term of these Terms and Conditions.
44. These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Republic of Singapore. Should any disputes arise regarding the interpretation or performance of these Terms and Conditions, each party agrees to the non-exclusive jurisdiction of the courts of the Republic of Singapore. However, DEBITSUCCESS reserves the right to bring an action against me before any other competent court.
45. You acknowledge that if any of these Terms and Conditions or any part of them is illegal or invalid, then only those terms and conditions or that part of them will be void and the remainder will remain in full force and effect.
Our contact details are as below.
Company Name: Debitsuccess Pty Limited
Business Registration Number: ACN: 095 551 581
Address: Building 27, Suite 3, 270 Ferngully Road, Notting Hill, Victoria, Australia 3168
Phone: 800 852 3833