Debit Success Terms & Conditions

The DebitSuccess Contract – Terms & Conditions

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1. Introduction

This document outlines the rights and responsibilities you have with regard to the ability of Debitsuccess to directly debit your nominated bank account or credit card for any instalments or payments due by you under the terms and conditions of this Contract. All communication relating to this Contract are to be sent directly to Debitsuccess. All queries regarding the provision of the Services should be directed to the Facility.

2. Definitions

In this Contract, the words and phrases referred to below are defined as follows:

“Commencement Date” means the date that the Facility provides the Services to the Customer or such other date as agreed by the Facility and the Customer.

“Contract” means these terms and conditions together with the conditions of instruction to accept direct debits.

“Customer” or “you” means the person or party signing this Contract.

“Debitsuccess” means Debitsuccess Limited: Email: customerservice@debitsuccess.com

“Facility” means the organisation providing the Services and/or its franchisees, as applicable.

“Facility Membership Agreement” means any terms, conditions and contractual agreements made between the Facility and the Customer.

“Services” means the services to be provided by the Facility pursuant to which this Contract relates. For the purposes of this Contract, “Services” means an entitlement to use the Services provided by the Facility and does not mean the “actual” use of the Services.

3. Term

This Contract will commence on the Commencement Date and will continue until all instalments and payments due have been paid in full, unless terminated earlier in accordance with clause 4.

4. Early termination

This Contract may be terminated at any time with the agreement of the Facility. The Customer shall not consider that this Contract has been terminated until such time as termination is confirmed in writing to the Customer by Debitsuccess and/or the Facility to the last address of the Customer that Debitsuccess has on record. Termination of this Contract will also terminate the instruction to accept direct debits.

5. Further customer agreements

The Customer agrees that:

• Change in Facility details – the Customer’s obligations under this Contract are not affected by a reasonable change in the normal location where the Services are ordinarily provided, a reasonable change in the location of the Facility’s premises, a change in the ownership of the Facility, or a change in the name of the Facility; and
• Rights conditional – the Customer’s rights to the Services are conditional upon he or she:
  • complying with any rules and conditions of the Facility relating to the Services; and
  • making any payments required under this Contract when due.

6. Payments

As consideration for receipt of the Services, the Customer agrees to pay the instalment amount at the agreed payment frequency for the term of this Contract. The Customer may alter the payment frequency and/or day to debit by requesting a change with Debitsuccess. However, any changes shall not affect the total amount of money the Customer would otherwise be required to pay. Should there be any payments in arrears, the Customer authorises Debitsuccess to debit the outstanding balance in order to bring the account up to date. “The balance to settle in Debit Success reflects the minimum number of payments as per payment schedule and not as per the contractual amount”.

7. Rounding Fees

Please note a rounding fee will apply to ensure the total payment value can calculate correctly at the $29 a week rate. For example, if your total course value is $1,070, it will be rounded up to $1,075 at DebitSuccess.

8. Late Payment Fee

A late payment fee of the amount indicated on the front of this Contract is payable by the Customer to Debitsuccess for each reversal of a payment initiated by Debitsuccess in accordance with this Contract. The Customer authorises Debitsuccess to add any fees owing under this clause to any future instalments paid by the Customer (as a separate payment or otherwise).

9. Privacy

The Customer acknowledges that:

• Debitsuccess is entitled to store his or her personal information (whether received from the Customer, the Facility or otherwise) on its systems, and use it for the purposes of administering this Contract, providing its products and services, or offering alternative products and services;
• he or she has rights of access to, and correction of, his or her information under the Privacy Act 1988 (Cth); and
• Debitsuccess (or the Facility) may contact the Customer for any purpose related to the provision of its products and services.

10. Liability

The Customer agrees that, to the extent permitted by law, neither the Facility, Debitsuccess or any of their related companies, directors or employees will be liable for any direct, indirect, or consequential injury, loss or damage to the Customer, or to the property of the Customer whatsoever, arising out of or in relation to this Contract.

11. Debt Collection Action

The Customer:

• authorises the Debitsuccess to notify any debt collection or credit reporting agency upon default by the Customer in regard to any obligation to pay under this Contract;
• agrees to immediately pay the full outstanding balance of the remainder of the payments due, including any current arrears, should a default occur prior to this Contract terminating;
• authorises Debitsuccess to add $50 to the outstanding debt as its fee for dealing with the default; and
• agrees to pay any and all costs incurred as a result of debt collection including the commission, fees and costs charged by any debt collection agency (approximately 25% of the outstanding debt).

12. Contracts Privity

The Customer acknowledges that Debitsuccess has been contracted by the Facility to collect the instalments due under this Contract and the Customer acknowledges that all rights of the Facility pursuant to this Contract are able to be enforced by Debitsuccess as if it were the Facility, without any involvement on the part of the Facility or the consent of the Customer.

13. Entire Agreement

This Contract and the Facility Membership Agreement (as applicable) constitutes the entire agreement, understanding and arrangement (express and implied) between the Customer, the Facility and Debitsuccess relating to the subject matter of this Contract, and supersedes and cancels any previous agreement, understanding and arrangement relating to the subject matter of these arrangements whether written or oral. In the event of any inconsistency between the terms of this Contract and the Facility Membership Agreement that specifically relate to the rights and obligations of the Facility (other than any right to unilaterally vary fees payable), the terms of the Facility Membership Agreement shall prevail.

14. Severability

If any provision of this Contract is prohibited, invalid or unenforceable, that provision will be ineffective to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of this Contract or affecting the validity or enforceability of that provision, unless it materially alters the nature or material terms of this Contract.

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Direct Debt Request (DDR) Service Agreement

1. DEBITSUCCESS DIRECT DEBIT REQUEST (DDR) SERVICE AGREEMENT
   This DDR Service Agreement is designed to explain what your obligations are when undertaking a direct debit arrangement involving Debitsuccess.  It also details what our obligations are to you and forms part of the terms and conditions of your Direct Debit Request (DDR) and should be read in conjunction with your Direct Debit Request.

   INITIAL TERMS
   I/We authorise Debitsuccess Limited (NZBN: 9429038729041) (Debitsuccess) Authorisation Code 0132745 to make periodic debits on behalf of the “Business” as indicated on the Direct Debit Request (herein referred to as the Business).
   I/We acknowledge that if specified by the Business, in addition to the agreed periodic debits set out in the Direct Debit Request, administration/setup, variation, reversal, dishonour,  or processing fees may also apply and be debited under the Direct Debit Request as instructed by the Business.

   RELATIONSHIP
   I/we acknowledge that Debitsuccess has been appointed by the Business to collect the payments due under the agreement that I/we have entered into with the Business pursuant to which I/we have agreed to pay for goods/services provided by the Business (Agreement). All payments due by me/us to the Business shall be made via Debitsuccess.

   I/We acknowledge that Debitsuccess is acting as an agent of the Business and that Debitsuccess does not provide any goods or services, and has no express or implied liability in relation to the goods and services provided by the Business or the terms and conditions of any agreement with the Business. I/We acknowledge that Debitsuccess sole responsibility is to make periodic debits as set out in the Direct Debit Request.

   CLEARED FUNDS
   I/We acknowledge that is my/our responsibility to ensure that there are sufficient cleared funds in the nominated account by, and at all times on, the due date of the payment (Day to Debit) to enable the direct debit to be honoured on the Day to Debit. I/We acknowledge and agree that sufficient funds will remain in the nominated account until the direct debit amount has been debited from the account and that if there are insufficient funds available when the debit is attempted, I/we agree that I/we will be responsible for any fees and charges that may be charged by my/our Financial Institution and by the Business.

   VARIATIONS TO DEBIT TERMS

   I/We authorise Debitsuccess to vary the amount of the payments upon instructions from the Business, and where such instructions from the Business are received by Debitsuccess, I/we do not require Debitsuccess to notify me/us of such variations to the debit amount.
   I/We acknowledge that Debitsuccess/or the Business is to provide 14 days’ notice if varying the terms of the debit arrangements otherwise than as provided for herein.

   I/We acknowledge that my/our requests to vary, defer or stop the debit arrangement must be directed to the Business.

   CANCELLING THESE DEBIT TERMS
   I/We understand that I/we are able to cancel this DDR Service Agreement by requesting this of the Business or my/our Financial Institution, and I/we acknowledge that cancellation of the authority to debit my/our account will not terminate my/our agreement with the Business or remove my/our liability to make the payments I/we have agreed to.

   NON WORKING DAY

   When the Day to Debit falls on a weekend or national public holiday the debit will be initiated on the next working day.

   DISHONOURED PAYMENTS
   I/We acknowledge that: 
   (a) if a debit is returned by my/our Financial Institution as unpaid, I/we will be responsible for any fees and charges charged by the Business as a result, in addition to any Financial Institution charges and collection fees; and
   (b) Debitsuccess may attempt to re-process any unsuccessful payments as advised by the Business and/or add such unsuccessful payment to any future payments.

   ACCURACY OF INFORMATION
   I/We acknowledge that it is my/our responsibility to ensure that the details entered on the Direct Debit Request are correct and that Debitsuccess is not liable to the extent that any such details are incorrect and this causes a required payment to be missed. In addition, where I/we are paying the required payments by credit card and have entered the details of the credit card on the Direct Debit Request, I/we agree that Debitsuccess may continue to debit from the credit card in accordance with the terms of this DDR Service Agreement to the extent that the credit card has expired, and that it is wholly my/our responsibility to provide details of any replacement credit card to Debitsuccess via the Business.

   DISPUTES
   I/We acknowledge that any disputes regarding debit payments will be directed to the Business. If no resolution is forthcoming, I/we understand that I/we are to direct any such dispute to my/our Financial Institution.

   OTHER AUTHORISATIONS
   I/We authorise:

   • Debitsuccess to verify details of my/our account with my/our Financial Institution; and
   • The Financial Institution to release information allowing Debitsuccess to verify my/our account details.
   • Any notices to be given to me/us by electronic mail to the email address on the DDR Service Agreement (or any other email address notified in writing by me/us)

   I/we acknowledge that:

   • This DDR Service Agreement will remain in force and effect in respect of all direct debits passed to my/our account in good faith notwithstanding my/our death/bankruptcy or other revocation of this DDR Service Agreement until actual notice of such event is received by the bank.
   • Any dispute as to the correctness or validity of an amount debited to my/our account shall not be the concern of the bank except in so far as the direct debit has not been paid in accordance with this DDR Service Agreement. Any other dispute lies between me/us and the Business.

   INFORMATION SECURITY

   We are collecting your personal information for the sole purpose of completing this direct debit arrangement. Debitsuccess agrees that it will make reasonable efforts to keep your information contained in the Direct Debit Request (including account details) and any other information that we have about you confidential and secure, and will ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information. You may request access to, and correction of, any personal information held by Debitsuccess by writing to Debitsuccess at the address below. You acknowledge that your personal information will be collected, used, held and disclosed in accordance with the Debitsuccess Limited Privacy Policy found at:  https://www.xplortechnologies.com/privacy-notice/ 

   Debitsuccess will only disclose information that we have about you:

   • to the extent specifically required by law;
   • to Financial Institutions participating in the direct debit payment system in connection with a claim made on it relating to an alleged incorrect or wrongful debit; or
   • for the purposes of this Agreement (including disclosing information in connection with any query or claim).

    

   Should you have any queries in relation to these terms and conditions contact

   Debitsuccess Ltd.

   5 The Warehouse Way, Northcote, Auckland, New Zealand, 0627

   Phone: 0800 481 0400

   E-mail: customerservice@debitsuccess.co.nz