New Customer Wizard

Customer Terms and Conditions

B2Bpay provides a service for customers to make payments to business merchants. These terms and conditions form part of acustomer Registration Form executed by the customer wishing to pay to the customer’s business merchant through the service provided by B2Bpay ABN 71 083 359 684. By completing and executing the CRF, the customer agrees to be bound by the terms and conditions set out below (the “Terms”).

1. Definitions (as used in this agreement)

account means the credit, debit or bank account nominated or used by the customer for payment of . 
business merchant or merchant means the merchant, or a landlord for whom the merchant acts, to whom is payable or due. 
 in relation to a customer, means the   described in that customer’s customers registration form, being the   payable or due by that customer. For the purpose of this agreement, it also includes any other payments made to by customers and/or processed by the customer’s business merchant.
B2Bpay Program or B2Bpay Program or us means the program developed by Zenith Payments Pty Ltd (ABN: 71 083 359 684) for the processing of payments.
customer means a person who has an agreement relating to the payment of   to anmerchant, or a landlord for whom the merchant acts. For the purposes of this agreement, it also includes any person who registers to pay   via the B2Bpay program.
customers Registration Form or (CRF) means an agreement between a customer and us whereby the customer agrees to participate in the B2Bpay Program.

2. Contract

2.1 These Terms apply to any customer from the date upon which B2Bpay accepts a customer’s CRF.

2.2 These Terms do not operate to vary or affect in any way the meaning, operation and effect of any other contract to which the customer is a party including, without limitation, the contract to which payments are applied and any agreement regulating the use by the customer of the credit, charge or bank account identified in the CRF or used to pay (the “Account”). These Terms do not oblige the customer to use the Account to pay or any other amount.

3. Your Account

3.1 The customer is responsible for ensuring that the entity issuing the account will make payments authorised by the customer in the CRF. The customer is responsible for ensuring that they have authority to nominate the account used to process payments.

3.2 B2Bpay is not responsible or liable in any way for any failure by any entity issuing the Account to remit payments. The customer acknowledges that the entity issuing the Account may not permit the use of the account to pay . The customer is liable for any and all expense, damage or loss incurred by B2Bpay in the event of the misuse or unauthorised use of the account by the customer and the customer must reimburse any such amounts to B2Bpay.

4. Payment Procedures

4.1 The customer or merchant will be deemed to have authorised the Account to be debited or charged with the and the Convenience Fee described in the CRF when: B2Bpay receives a “YES” response from the customer’s nominated SMS number or email address to a rental reminder initiated by B2Bpay; the date for payment of passes if the customer has nominated ‘Set & Forget’ automatic payments as its payment method in the CRF; the customer or merchant initiates payment at an electronic or online payment terminal operated by the merchant; the customer requests or merchant B2Bpay to initiate a payment; and/or the customer or merchant initiates payment via the B2Bpay website or a telephone payment system operated by B2Bpay.

4.2 B2Bpay will not be liable for any fraudulent use of the Account or any of the payment methods described in paragraph 4.1. The customer must notify B2Bpay immediately if the Account is lost or stolen by calling (02) 9556 7500 or such other number as B2Bpay designates [by notice to the customer/by posting it on the B2Bpay website]. A notice given by the customer or merchant under this paragraph will be deemed to be a Change Notice cancelling all Authorisations to make payments using the Account five days after B2Bpay receives the notice.

4.3 Regardless of when B2Bpay 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. B2Bpay will not be obliged to process a payment authorised under paragraph 4.1 after 5.00 pm for credit card or 4:30pm for bank account or on a day trading banks are not open for business until the next day upon which trading banks are open for business.

4.4 The customer releases and indemnifies B2Bpay from and against any action claim, loss, proceeding, cost, liability or expense (a “Claim”) suffered or incurred by the customer in relation to, in connection with or as a direct or indirect result of any failure by the customer to pay unless that failure occurs due to a breach by B2Bpay of these Terms.

4.5 As a separate, primary and severable liability, you indemnify and must keep B2Bpay indemnified from and against any Claim suffered or incurred by B2Bpay in relation to, in connection with or as a direct or indirect result of any payment or purported payment of pursuant to your CRF, or in relation to the property the subject of the CRF, subsequently being rejected, invalidated or disputed. It is not necessary for B2Bpay 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.

4.6 The customer will pay to B2Bpay the Convenience Fee identified in the CRF. Any Authorisation under paragraph 4.1 will be deemed to include an Authorisation for B2Bpay or the merchant to debit or charge the Account with this convenience fee at the same time as a payment is made under clause

4.7 In the event of a bank account payment that the customer initiated subsequently being rejected by the customer’s bank or another party, the customer will pay to B2Bpay a fee (a “Failed Payment Fee”) of $15 (including GST). This Failed Payment Fee will be automatically deducted from the customer’s nominated account four days after B2Bpay receives notification of the rejected payment. Should the Failed Payment Fee also become rejected, B2Bpay reserves the right to cancel all payment arrangements immediately. The Failed Payment Fee does not apply to rejected credit card payments.

4.8 Upon the customer or merchant requesting B2Bpay by means of a CRF other than the CRF available online to commence payment arrangements using the customer’s nominated bank account, B2Bpay may, in order to confirm the legitimacy of the bank account details provided and to cover set-up costs, process a payment (a “Bank Account Set Up” payment) of $1.51 (including GST) to be deducted from the customer’s nominated bank account. The Bank Account Set Up Fee does not apply to customers paying by credit card.

4.9 Upon B2Bpay ceasing payment arrangements under clause 5, B2Bpay may at its discretion apply a “Cancellation Fee” of $10 (including GST), in order to cover costs associated with ceasing customer payment arrangements. 

4.10 The customer acknowledges that any payments made under this agreement that are subsequently disputed or reversed or which B2Bpay is required to refund by the entity issuing the account, will not be forwarded to, or will be recalled from, the merchant and the customer will be obliged to remake any such payment due under the terms of the customer’s agreement with the merchant. 

4.11 B2Bpay will issue a tax invoice complying with GST legislation if requested to do so by the customer

5. Cancellation or Stopping Payments

5.1 The customer is responsible for advising B2Bpay or the merchant if ceases to be payable and/or the customer wishes to withdraw any Authorisation given (or deemed to be given) according to paragraph 5.3 (an “Authorisation”).

5.2 The customer acknowledges that any payments received by B2Bpay (other than the Convenience Fee and other fees charged directly by B2Bpay) are remitted by B2Bpay to the merchant and, accordingly, any payments that exceed the actually payable by the customer must be recovered by the customer from the merchant. The customer releases and indemnifiesB2Bpay from and against any dispute or claim arising from any Authorised payment of that is not actually due and/or payable. The Convenience Fee and other fees charged directly by B2Bpay are not refundable under any circumstances.

5.3 The Authorisations will be deemed to continue unless and until the customer notifies B2Bpay or the merchant in writing that they are withdrawn (a “Cancellation Notice”). A Cancellation Notice sent to B2Bpay will not be effective until five days has elapsed from the date B2Bpay receives it. A customer must execute a new CRF if the customer wishes to renew the Authorisations.

5.4 B2Bpay or the merchant will, from time to time, publish or make available online a form (a “Change Notice”) that customers can complete to vary any of the information or Authorisations provided by them in a CRF (the “customers Information”). A customer must complete a Change Notice whenever the customer wishes to change the customers Information. If the change notice is sent to B2Bpay, the information contained in a Change Notice will be deemed to have replaced the information in a CRF (as previously amended) five days after B2Bpay receives a Change Notice.

5.5 B2Bpay can terminate the payment arrangements contained in these Terms at any time by giving notice to the customer.

6. Privacy

6.1 B2Bpay will collect, use and store any of your personal information in accordance with B2Bpay‘ privacy policy (as varied from time to time). Full particulars of this policy are provided with these Terms and can be inspected on theB2Bpay website www.rentalrewards.com.au. Without limiting the operation of the B2Bpay privacy policy, the customer expressly authorises B2Bpay to disclose any of the customer’s personal information to the merchant and any other person nominated by the merchant. B2Bpay will use the information specified on the CRF for the purpose of identifying the customer.

7. Variations and Amendments

7.1 B2Bpay may vary, delete or add (a “Change”) to these Terms (including the Convenience Fee and other fees) at any time. Any Change will be effective from the date B2Bpay posts the Change on the B2Bpay website. B2Bpay may not notify the customer of any Change. If the customer wishes to vary any customers’ Information (including any Authorisations), the customer must execute and deliver a Change Notice in accordance with paragraph 5.4.

8. Miscellaneous

8.1 The customer acknowledges that B2Bpay has not made any warranty in relation to the benefits, if any, that may accrue to the customer from paying by using the Account. The customer acknowledges that the existence or extent of benefits from using the Account may depend on the terms and conditions upon which the Account is issued to the customer.

8.2 Any notice required to be given by B2Bpay or the customer can be given by the sender posting the relevant information to the SMS, email or postal address specified by the recipient on the CRF (as amended by any Change Notice). A notice given by B2Bpay under this paragraph will be effective on the day after it is posted.