By logging onto this website using your TravelPay Merchant ID number or email, password and member information, or by using the service, you agree to be bound by the terms and conditions set out below (the “Terms”).
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.
Customer means a person who has an agreement to make Payments to a Travel Agent, or an entity with whom the Travel Agent acts, for a travel itinerary on which the Customer is included. For the purposes of this agreement, it also includes any person who makes Payments via the TravelPay program on behalf of the Customer on the condition that the person making the Payment has provided written permission to the Travel Agent.
Fees means all establishment, Payment processing or other fees charged by TravelPay.
Nominated Bank Account means the bank account nominated by you for the purpose of receiving payments and for payment of any Fees due by you.
Payment in relation to a Customer, means the amount a Customer pays to a Travel Agent by using TravelPay.
Payment Processing Fee means any processing or transaction fee applied by TravelPay and paid by either the Customer or you.
Travel Agent (you) means any travel entity to whom Payments are payable and which are processed using TravelPay.
TravelPay (we or us) means the program developed by Zenpay Pty Ltd ABN 63 056 881 942 for the processing of Payments.
Website means www.travelpay.com.au.
You appoint us as your agent for the purpose of receiving Payments from a Customer. This appointment is limited to the performance by us of acts necessary to receive these payments from your Customers. We are not authorised to act on your behalf in any other capacity or to bind you in any other way.
2.2 When you submit and confirm payment details, and thereby process a payment on the Merchant WebPay page of this website, you are authorising TravelPay to collect that amount on your behalf.
2.3 No Collection
You acknowledge that:
1. we are not a collection agent;
2. we are not responsible for collecting Payments nor are we liable if a Customer fails to pay any amounts due to you;
3. we are not obliged to do anything to recover outstanding Payments, participate in or resolve any dispute between you and a Customer or levy any charges that you may wish to impose on a Customer;
4. this agreement does not alter your relationship with your Customer; and
5. this agreement does not oblige us to deal with your Customers except to the extent necessary to assist in the receiving of Payments from them
3. PAYMENTS AND FEES
Payments, net of any Fees, will be transferred to your Nominated Bank Account within three banking days after the payment was made subject to normal banking and transaction processing operations
3.2 Payment Processing Fee
A Payment Processing Fee is payable in relation to all Payments made on this website. You can choose to pass this fee onto the Customer/Cardholder or to absorb the fee using the options in the ‘Apply Processing Fee’ section. TravelPay will deduct the Processing Fee from the total amount processed before remitting Payments to you. Should you choose to pass the fee on, you must disclose the fee to your Customer prior to taking their Payment.
3.3 Failed Payment Fee
In the event of a scheduled Payment being rejected by the Customer’s Card or other provider, you or the Customer will pay to TravelPay a Failed Payment Fee of $1.00 which will be automatically deducted from your Nominated Bank Account or your Customer’s Card four days after we receive notification of the rejected payment. If deducted from you, you can opt to on-charge this amount to the Customer. The Failed Payment Fee does not apply to any failed one-off online payments.
3.4 The Payment Processing Fee and other fees charged directly by TravelPay are not refundable under any circumstances.
4. AMENDMENTS TO THIS AGREEMENT
We reserve the right to vary or amend any term of this agreement or deny any product or service at any time and any change will be effective from the date we nominate when we advise of the change which may be via changes effected on our website. You are deemed to have accepted changes unless we receive written notice to the contrary within 14 days of the date of the advice of the change.
5.1 Our responsibilities:
1. transfer cleared funds due to you to your Nominated Bank Account;
2. notify you of any changes in laws, data security standards or other matters which we are aware have a material affect on the operation of this agreement; and
3. provide a reconciliation file for monies deposited, recalled, or refunded into your Nominated Bank Account.
5.2 Your responsibilities
1. notify us of any change to your Nominated Bank Account by completing the nominated form and providing the requirement supporting documents. Changes could take up to five business days;
2. implement processes and procedures to ensure the security of credit card numbers given to you in accordance with the principles of PCI DSS requirements;
3. comply with the Card Scheme Rules which prevail in the event of any inconsistency between them and this agreement;
4. comply with all relevant laws, including legislation, principles, industry codes and policies and including Privacy Laws;
5. comply with all our reasonable and lawful instructions in respect of payments;
6. promptly notify us of any change in your financial position which is reasonably likely to affect our or your ability to perform your obligations under this, or any related, agreement;
7. notify us if you have had Card Scheme or similar services terminated by any other acquirer;
8. notify us of any supply outside of Australia;
9. exercise care and take necessary precautions to prevent fraudulent, illegal or Disputed Payments from occurring;
10. ensure that you hold original written authorisation from your Customer for any Payments you process via TravelPay;
11. disclose your participation in the TravelPay Program to any Customer if you are legally or otherwise required to;
12. not use your own credit card to process a payment;
13. not knowingly submit any transaction that you should have known is illegal;
14. must inform us if you intend to change ownership, effective control or change your line of business in any way. Should this happen, we will be required to re-approve your use of our services;
15. only provide information that is true and accurate; and
16. provide to us and authorise usage by us of your logo, name or similar branding in conjunction with the TravelPay Program.
6. SUSPENSION AND TERMINATION
6.1 You or we may suspend or terminate this Agreement at any time.
6.2 Liability for Termination
Termination of this Agreement will be without prejudice to our respective rights (including the right to damages) at law or in equity.
6.3 Obligations on termination
On termination, you must pay us any outstanding amounts payable under this Agreement including in relation to any disputes received post-termination. We will process this total payable amount upon termination of this agreement.
You acknowledge and agree that we, the acquirer and the Card Scheme operators may audit and review:
1. your compliance with relevant laws;
2. your operations and processes supporting your obligations under this agreement;
3. and transactions processed under this agreement; and
4. any funds flow between you and us.
1. We indemnify you against any liability or loss that you may suffer or incur arising from a breach by us of our obligations under this Agreement.
2. You indemnify us against any liability or loss that we may suffer or incur arising from a breach by you of thisAgreement. This indemnity includes any liability or loss that we are liable for to a third party arising from a breach by you of your obligations under this Agreement.
3. You indemnify and hold TravelPay harmless from and against all claims, costs, liabilities and expenses suffered or incurred by TravelPay as a result of TravelPay being obliged, for any reason, to refund Payments before or after the corresponding amount has been remitted to you. In certain circumstances, TravelPay will be obliged to recover Disputed Payments, collected on your behalf, from you.
9. 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:
1. you may be required to enter into a Tri-Party agreement, that will be provided to you, between you, the acquirer and us in respect of all card transactions processed by the third-party acquirer that will be mentioned in the Tri-Party agreement; and
2. we will be the provider of the services to you.
10. DISPUTED PAYMENTS, CHARGEBACKS AND REFUNDS
You bear all responsibility and liability for any reversed or disputed Payments or other form of recovery of funds by us. You indemnify and hold us harmless from and against all claims.
TravelPay will promptly notify you if a Payment is refunded by TravelPay, or if TravelPay receives notice of a Disputed Payment that might lead to such refund. You must do everything necessary to enable TravelPay to avoid having to refund Payments. This includes, for example, providing information about the goods and services you supplied and the Customer’s authorisation in relation to a Payment.
10.3 Resolution of Disputes
Notice of a Disputed Payment will be successfully refuted if you provide clear authorisation from your Customer that is subsequently accepted by your Customer’s or the Cardholder’s financial institution. Should the Disputed Payment not be refuted, you will need to resolve the matter directly with your Customer.
If we receive notice of a Disputed Payment and/or are required to refund or reverse all or part of any Payment to a Customer, a Cardholder, their bank or a refund is otherwise debited from our account, then:
1. we will be discharged from any obligation to remit that amount to you;
2. you must reimburse us for that amount and/or we may set amounts due to you under this clause off against any other remittance due by us to you and/or deduct amounts from your Nominated Bank Account; and
3. the refund will be processed back to the credit card used in the originating transaction.
If you pay money to TravelPay in accordance with paragraph 10.4 and TravelPay subsequently recovers funds from the Cardholder, then TravelPay will deposit the amount into your nominated bank account by electronic funds transfer.
11. LICENCES AND AUTHORITY
You represent and warrant that you hold all statutory licences and authorities necessary for the operation of your entity and the collection of Payments. You acknowledge that we are not providing any payment facility in addition to our stated services.
12. BENEFICIAL OWNER
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.
13. CARD SCHEME & PAYMENT ACCOUNT PROVISIONS
13.1 Payment Account Acceptance
For all payment accounts, methods, or Cards that we agree with you to make available, you agree to:
1. equally accept Customer transactions and to not unfairly preference or discourage the use of any payment account, method, or Card;
2. have a fair, equitable and reasonable refund policy that is in accordance with industry standards and disclosed to your Customer at or before the time of purchase;
3. accept payment accounts or Cards subject to the provisions of Card Scheme, processor or acquirer rules, provisions, or industry specific requirements;
4. authorise us to submit transactions to, and receive settlement from, Card Schemes, processors, banks, or acquirers on your behalf;
5. remove payment account, method or Card identification, logos and decals from your website, systems, and premises upon the termination of this agreement or our provision of that payment account or Card to you;
6. not have libellous, defamatory, obscene, pornographic, or profane material, or any instructions on your website that may cause harm to any individuals or to brands associated with the operators of the payment accounts, methods, or Cards;
7. confer on Card Schemes the third party right, but not the obligation, to enforce the terms of this agreement as necessary to protect the Card Schemes’ brands;
8. indemnify Card Schemes against any liability or loss that they may suffer or incur arising from a breach by you of this agreement;
9. Card Schemes, their affiliates, agents, successors, or assigns not being, in any event, liable to you for any damages, losses, or costs incurred, including incidental, indirect, speculative, consequential, special, punitive, or exemplary damages of any kind (whether based on contract, tort, including negligence, strict liability, fraud, or otherwise, or statutes, regulations, or any other theory), arising out of or in connection with the agreement; and
10. us disclosing transaction and other data about you to Card Schemes, processors, or acquirers to enable us and them to operate and promote services, perform contractual obligations, report and analyse data, and for other lawful purposes.
14. AUTHORITY TO CREDIT AND DEBIT
You authorise us to credit and debit your Nominated Bank Account in accordance with the terms and conditions set out within this agreement.
14.2 Payment Failure
Should the debiting of any amount due by you under this Agreement be unsuccessful, we will automatically retry after five business days. Should any amount remain unpaid by this time, we will attempt to contact you and we reserve the right to off-set any amounts due against any Payments due to you.
1. You represent and warrant that the details of your Bank Account you provided to TravelPay are true and correct. You indemnify TravelPay from any claims made against TravelPay as a result of Payments made pursuant to incorrect information you have supplied; and
2. You authorise us to debit your Nominated Bank Account by the amount of any previously credited amount that was subject to banking, system or human error and which has been notified to you.