Arrangement

DIRECT DEBIT REQUEST AND SERVICE AGREEMENT

In association with new transactions
PowerPay Pty Ltd, ACN 627819372 (hereafter referred to as PowerPay), APCA / DE user identity 534931, 534932, 534934, 534935, 534936, 534937, 534938, 534939, 534940, 613601, 543958, 543954 & 543957.

PowerPay will take payments on behalf of hereafter referred to as “The Business”.

By clicking the box at the end of this combine document I hereby request and agree to the following:

An Agreement in two sections
Section 1: Direct Debit Request
I hereby make the following direct debit facilitation request, recognising that direct debit facilitation is one of a number of components of PowerPay’s collection services that are contracted to the credit or goods and/or services provider identified as The Business, in accordance with Section 763E of the Corporations Act.

I have a credit or goods and/or services supply contract with The Business, in accordance with the National Consumer Credit Protection Act, or relevant Sale of Goods (or similarly named or purposed) Act and the Competition and Consumer Act:

Payment Method:
Section 2: Direct Debit Services
In association with my direct debit request I hereby agree to the following terms and conditions applying to the provision of direct debit services to facilitate my contracted periodic payments, as identified in my direct debit request.

PowerPay – the new direct debit service facilitator

In association with making the above direct debit request, I hereby authorise PowerPay to take over from my previous direct debit facilitator/direct debit user, to facilitate periodic debits from my account/s as identified in Section 1 above, on behalf of The Business as identified in Section 1 above, and in accordance with a recently negotiated collection or payment arrangement with PowerPay, acting on behalf of The Business.

Responsibilities

I acknowledge that PowerPay is not directly or indirectly responsible for the provision of the credit, good or service provided to me by The Business and that this is the subject of a separate contract between The Business and myself, to which PowerPay is not a party and does not incur any legal liability or responsibility.

I acknowledge that PowerPay’s legal liability and responsibility to me is limited to providing a direct debit facilitation service to me, as detailed in the above direct debit request section and in accordance with this second section, as one component of the collection services provided under sub-contract to The Business and involving me as a debtor to The Business.

Direct debit regime

I acknowledge that payments, as recently negotiated with PowerPay and detailed in the above direct debit request section, will be debited from my account identified in the above section, in accordance with the terms and conditions of this whole Agreement and in accordance with the relevant terms and conditions of the contract or arrangement I have with The Business, subject to recent variations in those terms and conditions negotiated with PowerPay as another component of their collection facilitation services undertaken on behalf of The Business.

I acknowledge that I have verified the nominated account details included in the direct debit request section, with a recent statement from my bank, building society or credit union, or by contacting that financial institution.

I agree to maintain sufficient cleared funds in the nominated account to allow the direct debits to proceed and payments to be made to The Business in accordance with my financial obligations under the contract I have with The Business, as amended following my negotiations with PowerPay acting on The Business’ behalf.

I acknowledge that I have been informed these sufficient funds should remain in the account for a period of four (4) days, commencing on the day when the payment facilitated by direct debit is due for payment, to allow for any delays in processing, however caused, including but not limited to bank and public holidays, non-business days and receipt of this document by PowerPay and/or my relevant financial institution, before or after bank, building society or credit union operating or administration hours.

Third party fees and charges

I acknowledge that PowerPay will not be responsible for any fees or charges imposed by my bank, building society or credit union in the event of a default and/or reversal of a direct debit payment.

Authorisation of direct debit arrangements variation – PowerPay

I hereby authorise PowerPay to vary the amounts direct debited from that listed in the above direct debit request section, to reflect the future imposition of unascertainable fees and charges that become due and payable, as detailed in my contract with The Business, and any subsequent variation in payment amount or payment dates that may be negotiated in accordance with and associated with my contract with The Business.

Inclusion of detail concerning these amounts in my contract with The Business and the conduct of the negotiations shall constitute sufficient notice in regard to this Agreement.

Debtor/Consumer variation requests

I acknowledge that I must contact The Business if we wish to alter or postpone any direct debit arrangement then in place, at least two (2) business days before the next amount is due for payment via direct debit. In the event of failure to contact at least two (2) business days before, I acknowledge that I have been informed that PowerPay’s and/or the bank, building society or credit union’s administration processes may not be able to ensure that the next payment proceeds, with the requested alteration – and a default or untimely reduction in the balance of the account could ensue.

I acknowledge that if I wish to stop or cancel this direct debit arrangement I must contact The Business at least two (2) business days before the next direct debit activity is scheduled, to ensure that the activity does not proceed.

I acknowledge that, if I wish to stop or cancel the direct debit arrangements negotiated with PowerPay and the subject of this Agreement, I must first have made reliable alternative arrangements for the correct payment/s to The Business, before approaching PowerPay to institute a stop or cancellation.

Disputes, questions or concerns relating to matters prior to this Agreement I agree that any dispute, question or concern relating to direct debit payments must be directed to The Business.

Re-presenting direct debits

I authorise PowerPay, at its unilateral discretion, to re-present the direct debit with or without specific instruction from The Business or me, where the scheduled direct debit defaults due to insufficient cleared funds being held in the account at that time.

Statement information, as applicable

I acknowledge that “PowerPay” will appear as the merchant for all payments.

I acknowledge that “The Business” will appear as the merchant for all direct debit amounts on my bank, building society and credit union statements.

PowerPay not a party to consumer credit or service contract

I agree that PowerPay will not be a party to any dispute or discussion or questions associated with the contract between me and The Business, other than the processing of direct debits from the date of this Agreement and I will only contact The Business in an effort to resolve such non-direct debit disputes, or to undertake discussion or ask questions concerning my contract with The Business.

Privacy protection and authorisation

I agree that The Business’ Privacy Management Policy (which I have previously been informed by The Business is on The Business’ website and Privacy Consent Agreement (a copy of which I have previously been provided by The Business) permits PowerPay, as a subcontractor to The Business, undertaking services authorised by The Business to receive, store and use sensitive and non-sensitive information about me, whether such information is provided by The Business or me, in accordance with the Privacy Act and the Business’ Privacy Management Policy and Privacy and Electronic Communications Consent Agreement.

I authorise our bank, building society or credit union, as relevant, to release information concerning my account with that financial institution, to enable PowerPay to verify my account details upon receiving a request from PowerPay.

Fee for direct debit service
If specified in your agreement, I agree to allow PowerPay, at the time of facilitating the direct debit payment, to deduct from my account an amount specified by the agreement on each direct debit occasion, which shall be paid directly to PowerPay.

Consent to this Agreement
I, as named and identified in the section above, indicate that we have been provided with an opportunity to carefully read this Agreement and to seek professional advice and I now provide my agreement to all the clauses in this Direct Debit Request and Services Agreement, by clicking on the checkbox below: