By completing and executing the Agent Activation Form or using the service, you agree to be bound by the terms and conditions set out below (the “Terms”).
Account means the account nominated or used by you for Payments, the payment of Fees and for the receipt of refunds.
Account holder means the owner or signatory of the Account nominated or used by you for Payments.
Beneficial Owner is a person who has effective control of the Merchant, owns more than 25% of the Merchant, or is a person on whose behalf a transaction is conducted. For the purposes of this agreement and when the entity is a partnership, sole trader, public company, or association, or when there is no Beneficial Owner, this includes an Authorised Representative who is authorised to sign this contract on behalf of the Merchant and who is in a position to assert significant influence over, or substantively stand behind the actions of, the Merchant.
Card (or Account) means the credit, debit or other account nominated or used to make a Payment to you.
Card Scheme means a central payment network (e.g., Visa, Mastercard or American Express) that uses credit and debit cards to process payments.
Card Scheme Rules means the rules, regulations and standards which regulate participants in a Card Scheme.
Fee means any fee applied by TravelPay B2B and paid by either the Customer or the Merchant.
GST means any goods and services tax, value added tax or sales tax imposed on the sale or supply of goods, services and rights including but not limited to a tax imposed by the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and the related imposition Acts of the Commonwealth.
Payment(s) means the amounts you pay to a Travel Supplier.
Travel Supplier means entity to whom Payments are payable or processed using TravelPay B2B.
2.1 These Terms do not operate to vary or affect in any way the meaning, operation and effect of any other contract to which you are a party including, without limitation, the Travel Supplier to which Payments are applied and any agreement regulating your use of the Account.
3. Change of Ownership
3.1 You must notify us of any material change of ownership that occurs and facilitate transfer of this Agreement to the new owners.
You provide consent for us to undertake checks to confirm your identity and to confirm the beneficial ownership of your Company. These checks may involve confirming information using third party databases.
4. Your Account
4.1 You are responsible for ensuring that Payments you authorise will be fulfilled by the entity issuing the Account.
4.2 TravelPay B2B is not responsible or liable in any way for any failure by any entity issuing the Account to remit Payments. You are liable for any and all expense, damage or loss incurred by TravelPay B2B in the event of your misuse or unauthorised use or non-permitted use of the Account and you must reimburse any such amounts to TravelPay B2B.
4.3 You acknowledge that TravelPay B2B is not responsible for the payment of late payment fees or other any charges applied by a Travel Supplier arising from your use of TravelPay B2B regardless of why such fee was applied.
4.4 You are solely responsible for the provision and confirmation of correct Payment details including, but not limited to, your details, amount and Payment reference. TravelPay B2B will not be liable for any Payments made in accordance with details you provided or selected.
5. Payment Procedures
5.1 You will be deemed to have provided unconditional authorisation for the Account to be debited or charged with Payments when: you initiate a Payment via TravelPay B2B; and/or a Payment is initiated via the TravelPay B2B support centre.
5.2 TravelPay B2B will not be liable for any fraudulent or non-permitted use of the Account. You must notify TravelPay B2B immediately if the Account is subject to loss or un-authorised use by emailing [email protected]. A notice given by the Customer under this paragraph will be deemed to cancel all authorisations to make Payments using the Account five days after TravelPay B2B receives the notice.
5.3 Regardless of when TravelPay B2B processes a Payment in accordance with these Terms, the Payment will not be regarded as completed unless and until the entity issuing the Account authorises and settles the Payment according to the settlement arrangements relating to the Payment. TravelPay B2B will not be obliged to process a Payment after normal banking transaction times or on a day trading banks are not open for business until the next day upon which trading banks are open for business.
5.4 Payments made after normal banking hours AEST will be processed as if they occurred on the next business day.
5.5 You release and indemnify TravelPay B2B from and against any action claim, loss, proceeding, cost, liability or expense (a “Claim”) suffered or incurred by you in relation to, in connection with or as a direct or indirect result of any failure by you to make Payments unless that failure occurs due to a breach by TravelPay B2B of these Terms.
5.6 As a separate, primary and severable liability, you indemnify and must keep TravelPay B2B indemnified from and against any Claim suffered or incurred by TravelPay B2B in relation to, in connection with or as a direct or indirect result of any 5.7 Payment or purported Payment subsequently being rejected, invalidated or disputed. It is not necessary for TravelPay B2B to seek recovery or enforce any right against any other person or incur expense, loss, or damage or make Payment before enforcing a right of indemnity conferred by these terms and conditions.
5.7 You acknowledge that any Payments made under this agreement that are subsequently disputed or reversed or which TravelPay B2B is required to refund by the entity issuing the Account, will not be forwarded to, or may be recalled from, the Travel Supplier and you will be obliged to remake any such Payment due under the terms of your agreement with the Travel Supplier. Should TravelPay B2B be unable to recall or recover funds that have been disputed or reversed, you are responsible and liable for Payment to TravelPay B2B of the outstanding funds.
5.8 TravelPay B2B will make available a tax invoice complying with GST legislation via the TravelPay website.
6. Cancellation or Stopping Payments
6.1 You acknowledge that any Payments received by TravelPay B2B (other than any Fees charged directly by TravelPay B2B) are remitted by TravelPay B2B to the Travel Supplier and, accordingly, you must recover any Payments that exceed the amount due by you to the Travel Supplier directly from the Travel Supplier. You release and indemnify TravelPay B2B from and against any dispute or claim arising from any Payment that is not actually due and/or payable. The Fees charged directly by TravelPay B2B are not refundable under any circumstances.
6.2 TravelPay B2B can terminate or limit the Payment arrangements contained in these Terms at any time with or without notice.
6.3 You acknowledge and agree that TravelPay B2B has no involvement in, and no responsibility or liability for, the supply or delivery of goods or the performance of services between you and the Travel Supplier and as such, you agree that all queries, disputes or refund requests in relation to these goods or services will be taken up directly with the Supplier. You indemnify TravelPay B2B from any direct or subsequent loss, including administration and recovery costs, as a result of you not following this terms of this schedule.
8. Variations and Amendments
8.1 TravelPay B2B may vary these Terms (including the Fees) at any time. Any change will be effective from the date TravelPay B2B implements or posts the change on the TravelPay website or sends notice of the change by email.
9. Card Scheme & Payment Account Provisions
9.1 Payment Account Acceptance
For all payment accounts, methods, or Cards that we agree with you to make available, you agree to:
9.2 Tri-Party Agreement
You acknowledge that due to Card Scheme Rules, where your card volumes exceed, or are reasonably expected to exceed, $1,000,000 per annum with either Visa or Mastercard:
Terms and Conditions of the TravelPay B2Bpay and Split Payments Direct Debit Request (DDR) Service Agreement
1. Initial Terms Split Payments will debit your nominated account for the amounts and at the frequency of payments as agreed between you and the Payment Initiator (TravelPay B2B) with whom you have a direct debit agreement and authorised by the Split Payments DDR contract authorised and accepted by you.
2. Change of Terms Terms may be changed immediately with the approval of the Payment Initiator or within the parameters of the Digital Agreement issued by the Payment Initiator and approved by the User. This is managed through the Split Payments Platform.
3. Deferring or Stopping a Payment Should you wish to defer a payment to another date you must contact the Payment Initiator before the date of that payment to request the deferment. Deferments are entirely at the discretion of the Payment Initiator. You may request to stop an individual payment through the Split Payments platform however you will still be liable to make this payment to the Payment Initiator.
4. Altering the Schedule Should you wish to alter the payment frequency or Day to Debit contact the Payment Initiator. Altering schedule is solely at the discretion of the Payment Initiator. The Payment Initiator may charge a fee for this service. The Payment Initiator shall notify you of these fees. Any changes made will not affect the total amount you would otherwise have paid over the minimum term of your Contract.
5. Cancelling the Payments You can cancel this Direct Debit Request Authority at any time through the TravelPay B2B or Split Payments platform. Cancellation of the authority to debit your account will not terminate your contract or remove your liability to make the payments you have agreed to with the Payment Initiator.
6. Disputes If you dispute any debit payment, you must notify the Payment Initiator immediately. The Payment Initiator will respond to your dispute within 7 working days and will immediately refund the amount of the debit if they are not able to substantiate the reason for it. If you do not receive a satisfactory response from the Payment Initiator to your dispute, contact Split Payments who will respond to you with an answer to your claim within 5 business days if your claim is lodged within 12 months of the disputed drawing, or within 30 business days if your claim is lodged after 12 months from the disputed drawing.
7. Business Days When the day to debit falls on a weekend or public holiday the debit will be initiated on the next working day.
8. Dishonoured Payments It is your responsibility to ensure that on the due date clear funds are available in your nominated account to meet the direct debit payment. Should your payment be dishonoured, you authorise TravelPay B2B Split Payments to debit your account when clear funds become available in your nominated bank account.
10.Your Other Responsibilities In addition to those already mentioned, you are responsible for ensuring that your nominated account is able to accept direct debits. If it is not, it is your responsibility to provide TravelPay B2B or Split Payments with a new account number.