Introduction
This document outlines your rights and obligations concerning Debit Success' authority to debit your nominated bank account or credit card for any payments due under this agreement. All communication regarding this agreement should be directed to Debit Success, while any service-related inquiries should be made to the Facility providing the services.
Key Definitions
- Commencement Date: The date when services are made available to you by the Facility.
- Contract: This refers to the current terms and conditions, along with any agreements to authorize direct debits.
- Customer/You: Refers to the individual signing this agreement.
- Debit Success: Debit Success Pty Limited, operating in Australia, responsible for payment processing.
- Facility: The organization delivering the services you are paying for.
- Services: The services you are entitled to use under this agreement. The actual use is separate from entitlement.
Duration of the Agreement
This agreement begins on the Commencement Date and remains in place until all due payments are made, unless terminated earlier according to clause 4.
Early Termination
This agreement may be terminated by mutual agreement between you and the Facility. Termination is not effective until confirmed in writing. Once terminated, all instructions for direct debits also cease.
Customer Obligations
- Facility Changes: Changes to the Facility's location, name, or ownership do not affect your obligations under this agreement.
- Compliance: Your entitlement to use the Facility's services depends on adherence to the Facility’s rules and timely payments.
Payments
You agree to pay the specified amount at the agreed intervals throughout the duration of the agreement. Adjustments to payment frequency or debit dates can be requested but do not change the total amount owed. Debit Success is authorized to recover any outstanding payments.
Fees
- Administration Fee: A one-time fee is charged upon signing the agreement. This may be added to your initial or subsequent payments.
- Rounding Fee: Payments may be rounded to ensure correct totals, with slight adjustments applied.
- Late Payment Fee: A fee will apply if a payment is reversed, and Debit Success will add this to future instalments.
Privacy
Your personal information may be stored by Debit Success for the administration of this agreement. You have rights to access and correct your data under the Privacy Act 1988 (Cth).
Liability
Neither Debit Success, the Facility, nor their affiliates are liable for any damages or losses arising from this agreement, as permitted by law.
Debt Collection
In case of payment default, Debit Success may notify a debt collection agency and add collection fees to your outstanding balance.
Agreement Scope
This agreement, alongside any Facility Membership Agreement, represents the complete understanding between you, the Facility, and Debit Success regarding this service.
Severability
If any provision of this agreement is deemed invalid or unenforceable, it will not affect the validity of the remaining provisions.
Direct Debit Request (DDR) Agreement
Payment Terms
Debit Success will debit your account as per the schedule agreed upon when enrolling online or over the phone.
Change of Terms
If there are any changes to the payment terms, you will be notified at least 14 days in advance.
Deferring or Stopping Payments
If you need to delay a payment, you must request this before the payment date. Approval of deferment is at Debit Success' discretion. You are still responsible for making the payment by another method.
Altering Payment Schedule
You may request a change to the payment frequency or date. Any changes won’t affect the total amount owed.
Suspension of Payments
Payments may be suspended in accordance with your Facility Membership Agreement. Suspension incurs a weekly fee, and time on suspension is added to your contract term.
Cancelling Payments
To cancel your direct debit authority, you must notify either Debit Success or your bank. Cancellation does not remove your responsibility to make outstanding payments.
Disputes
If you dispute a payment, contact Debit Success immediately for resolution. If unsatisfied, you can escalate the issue with your financial institution.
Dishonoured Payments
Ensure sufficient funds are available in your account on the due date. If a payment is dishonoured, Debit Success may attempt to collect the overdue amount along with the next scheduled payment.
Responsibilities
You are responsible for ensuring your account can accept direct debits. If not, provide an alternate account to Debit Success.