Welcome to BizPay. The following terms apply.
Each Transaction is a separate contract between you the company named in a separate Payment Agreement (‘you’ or ‘your’) and BizPay Group Limited (ACN 633 797 627) (‘BizPay’, ‘we’, ‘us’ or ‘our’). It sets out the terms and conditions that apply to your use of our Facility in connection with the invoice specified in that Payment Agreement. You agree to these Terms and Conditions by signing the Payment Agreement or using the Facility. If you do not want to be bound by these Terms and Conditions, you must not sign a Payment Agreement or use our Facility.
We recommend that you store or print a copy of these Terms and Conditions (including all policies found on the Website) and each Payment Agreement for your records. To the extent of any inconsistency between these Terms and Conditions and those policies, these Terms and Conditions will prevail. To the extent of any inconsistency between the Terms and Conditions or those policies and the Payment Agreement, the Payment Agreement will prevail.
(a) We may amend these Terms and Conditions at any time for any reason including, for example, if we change the functionality of our systems or processes, introduce new products, or as required by law. We will post the amended document on our Website. Each time you make a Transaction you will be asked to agree to the then current Terms and Conditions. Please read the Terms and Conditions on our Website carefully before you place a Transaction. If you do not agree with the changes, you may close your BizPay Account in accordance with clause 3.5.
(b) We will not change the Terms and Conditions for an existing Transaction that has been accepted by us. The Terms and Conditions that will apply to an accepted Transaction (and any steps taken in relation to the Transaction for example, cancellation, refunds, etc.) are the Terms and Conditions that applied at the time you made the Transaction.
(a) Our facility allows you to pay through BizPay for Services offered by recruiters, professional service providers and other third parties. They are a Supplier if they have entered into an agreement with us.
(b) By placing a Transaction:
(c) You acknowledge that we do not have any control over, and are not responsible or liable for, the Services purchased from Suppliers. In particular, we cannot ensure that a Supplier you are dealing with will perform the Services, will perform the Services to any particular standard or will perform the Services in accordance with your agreement with the Supplier. Similarly, we cannot ensure that the Supplier will perform any other obligations, including obligations which arise under the contract dealing with the Services.
(d) If we process transactions for a Supplier through our Website we do so as agent for the Supplier. For example, we might use our Website to provide a tax invoice to you for the services provided by the Supplier. Delivery, fulfilment and customer support for the Services will be provided by the Supplier. You agree to be bound by the terms and conditions of the Supplier identified to you before or at the time of purchase. Please review all applicable Supplier terms and conditions prior to placing your transaction for any Services to be provided by the Supplier. Clause 2.1(b) applies even if we process transactions.
(e) We do not:
As a customer, you may have certain rights with regard to what the Supplier or other third party must provide to you. However, any breach of these rights will not interfere with your obligation to pay us. You must seek remedy from the Supplier or other third party and we will assist where possible in the way we consider appropriate. An arrangement which varies your obligation to pay us must be agreed to by us in writing.
(a) To be eligible to use our Facility you must:
(b) You represent and warrant that you are eligible to use our Facility and enter into the Payment Agreement.
(a) You cannot transfer or assign any rights you may have under any Agreement without our prior written consent, which will not be unreasonably withheld.
(b) We may transfer or assign any Agreement, and any right under the Agreement, to a third party without notice to you and without your consent unless the assignment will detrimentally affect your rights under the Agreement (in which case we will seek your consent prior to assignment, which consent must not be unreasonably withheld). For the avoidance of doubt, you acknowledge that no assignment by us to another person of any amount you owe to us will require your consent or notice to you.
(c) You agree that we may appoint third party collections agencies to collect any amounts owing to us under any Agreement without your consent.
(a) We will create your BizPay Account when you register with us.
(b) Once your BizPay Account is created, you will be able to gain access to it by using our Website. The first time you access it you will be prompted to choose and enter a secure password. You may subsequently access your BizPay Account, using your secure password, through our Website.
(c) You are responsible for maintaining the security of your BizPay Account details. We will not take responsibility for unauthorised access or use of your BizPay Account unless, after investigating any breach, it is determined that we have failed to take reasonable steps to prevent the unauthorised access or use.
(d) You acknowledge and agree that if a person places a transaction by using your BizPay Account (whether with or without your authorisation), that person will be deemed to act on your behalf for the purposes of each Agreement and that will not (subject to clause 3.1(c)) affect your obligations under any Agreement, regardless of whether:
By holding a BizPay Account with us, you agree that you will:
(a) pay any applicable Fees associated with your use of our Facility and your BizPay Account;
(b) not provide us with any information that is false, inaccurate or misleading (including, without limitation, in relation to your or any of your officer’s, employee’s or shareholder’s identity or personal details or by using an alias or false identity, even with the consent of the person whose identity is being used or seek to establish a fake, untraceable or unverifiable BizPay Account);
(c) ensure any information about you or any of your officer’s, employee’s or shareholder’s, including your contact details, is true, current and complete. If the information changes, you must update it through your BizPay Account via our Website;
(d) provide to us in a timely manner all documentation relating to the identity of your officer’s, shareholder’s and other persons that may control you, if requested by us;
(e) not use your BizPay Account, our Facility or the Services for any unlawful, fraudulent or improper activity, including for any experimental, testing or research purposes or otherwise in a manner for which they have not been designed;
(f) cooperate fully with us to investigate any suspected unlawful, fraudulent or improper activity on your BizPay Account;
(g) be aware of and pay any taxes that may apply to your use of our Facility;
(h) not permit others, unless authorised by you, to use your BizPay Account, or allow anyone else to have or use your account password details;
(d) provide to us in a timely manner all documentation relating to the identity of your officer’s, shareholder’s and other persons that may control you, if requested by us;
(i) not use any technology (device, software or hardware) to damage, intercept or interfere with our Facility or Website;
(j) immediately contact us if you believe that your BizPay Account may be subject to an unauthorised transaction, account takeover or other type of fraudulent activity or security breach;
(k) not create any liability for us or cause us to lose (in whole or in part) the services of the Suppliers;
(l) authorise us to disclose Card-related profile and payment behaviour information to third parties (including, without limitation, Visa and MasterCard) for the purpose of eliminating fraud and illicit behaviour; and
(m) not open or use more than one BizPay Account.
Instead of you signing a Payment Agreement as contemplated by clause 1.1 we may decide that the Payment Agreement can be made using the Website. In that case we will provide the details contemplated by the Payment Agreement on the Website. You can use the Website to agree to those details. If you do a contract is created by you and us on the terms of the pro forma agreement in Schedule 2 completed with those details. Each contract made in that way will be considered to be made “in writing” by a “document” which is “signed” by you.
Most recruiters offer replacement guarantees. The fulfillment of a guarantee of that type, or whether your candidate stays in your employ, has no impact on your obligation to continue to pay your instalments to BizPay, unless agreed otherwise by BizPay in writing.
(a) You may request to close your BizPay Account by contacting us directly. You may only request to close your BizPay Account if:
(b) You may not close your BizPay Account to evade investigations of any nature and your account will remain open pending the finalization of all investigations, if applicable.
(c) We may close your BizPay Account for any reason, within our reasonable discretion. Each Agreement will continue to apply to any transactions accepted prior to the closure until all amounts owing are received in full (including any Late Fees).
(d) Except as otherwise stated, each Agreement will be terminated once your BizPay Account is closed. However, you will remain liable for all outstanding obligations related to the BizPay Account even after your BizPay Account has been closed.
(e) We may immediately limit your access to our Website or suspend or close your BizPay Account where we have reasonable cause to do so including, without limitation, where:
(f) We will use our best efforts to provide written notice to you before closing your BizPay Account, in the circumstances described in clause 3.5(e), except where doing so may compromise any investigation related to your breach of an Agreement or unlawful or improper conduct. Where we close your BizPay Account in accordance with clause 3.5(e), each Agreement will be terminated, and all amounts owed by you to us will immediately become payable to BizPay.
(a) All Transactions which you place with BizPay are subject to approval by BizPay, at BizPay’s reasonable discretion. BizPay may choose not to approve a Transaction or enter into an Agreement with you, or may cancel an approved Transaction, if:
(b) If we cancel an approved Transaction and we have not paid anything to the Supplier in connection with that Transaction:
(a) If we cancel an approved Transaction after we have paid anything to the Supplier in connection with that Transaction you must on demand pay to us the amount which is the balance of the monthly payment amounts specified in the Payment Schedule which have not been paid. You will have no obligation to make any further payments to us in connection with that Transaction.
(b) Once we approve your transaction, you will receive an email from us with confirmation of your transaction and a Payment Schedule, to keep for your records.
(c) You agree to ensure that payment(s) are made in accordance with the Payment Schedule. You may make early payments through your BizPay Account, otherwise we will automatically process payments in accordance with the due dates stated on the Payment Schedule. You authorise us to process such payments using the Payment Method details provided by you. If an Automatic Payment (as defined in clause 4.2(a)) fails on any of the dates specified in your Payment Schedule, we reserve the right to re-attempt to process the payment at a later time or date.
(a) An ‘Automatic Payment’ is a payment, through the Payment Method you have chosen, that we will automatically charge directly to your nominated Card (‘Nominated Payment Source’) on a one-time or regular basis in agreed upon amounts as outlined in your Payment Schedule. You will have the option to select a preferred Payment Method and Nominated Payment Source when your BizPay Account is being created. You can update or change your preferred Nominated Payment Source or Payment Method at any time via your BizPay Account
(b) Subject to the other terms of an Agreement, you expressly consent to us deducting and you authorise and instruct us to deduct , Automatic Payment amounts from your Nominated Payment Source for the amounts and on the scheduled dates set out in your Payment Schedule. You acknowledge that you are giving us the ability to collect or reverse variable payment amounts from or to your Nominated Payment Source, in accordance with your Payment Schedule and the terms of an Agreement.
(c) You are responsible for ensuring that you have sufficient funds in your Nominated Payment Source available to make Automatic Payments on the dates specified in your Payment Schedule. You are liable for any fees or charges imposed by your Nominated Payment Source, except to the extent that the fees or charges arise as a result of our error or system failure. If any fees or charges are imposed as a result of our error or system failure, please provide us with a copy of the relevant records, and we will reimburse you for the relevant fees or charges.
(d) If an Automatic Payment fails (for example, if your Nominated Payment Source is a credit or debit card which has expired), Late Fees may apply unless you otherwise make the scheduled payment on or before the relevant due date. You authorise us to satisfy any monetary liability you owe us by:
Please see clause 4.3 for more information regarding Late Fees.
(a) If you fail to pay any amounts according to the Payment Schedule, Late Fees will apply on each payment that is due but not received. For the avoidance of doubt, Late Fees will not be applied until the day immediately following the day that the payment is due.
(b) We may, at our sole discretion, reasonably delay the application of, or waive wholly or partly, any Late Fee. If Late Fees are or may be incurred as a result of our error, please let us know, and we will waive or refund such fees, as relevant.
Charges or Fees, if any, payable by you for the use of our Facility or your BizPay Account are set out in Schedule 1.
When the invoice amount specified in the Payment Schedule is denominated in a foreign currency we will convert that amount into your local currency using a retail exchange rate selected by us at our discretion to determine the original order value in Australian dollars and the amounts payable by you in accordance with your Payment Schedule. The exchange rate used will change regularly to reflect the currency fluctuations in the foreign exchange market. We will determine when the invoice amount is converted.
No set up fees or foreign exchange commission will be applied to the exchange rate applied to perform the conversion.
The only fees which apply when using our Facility are:
(a) the fees which are included in the instalments in the Payment Schedule; and
(b) the Late Fees.
There are no other fees / hidden costs to use our service.
Notwithstanding any other provisions of an Agreement, you must make all payments in accordance with the Payment Schedule and pay all other amounts in full to us under an Agreement without any set-off, withholding or reduction for any reason whatsoever, including any existing or future act, omission or default by us. That does not otherwise affect any rights you may have against us.
We reserve the right to assess, and determine whether to accept or cancel, each Transaction in accordance with clause 4.1. We are not bound to proceed with a Transaction until we have either signed the Payment Agreement for the Transaction or have recorded on the Website that the Transaction has been approved.
(a) We reserve the right to verify your identity, that your officers and shareholders and that of persons who sign (or may sign) a Payment Agreement, including if required under the Anti-Money Laundering and Counter-Terrorism Financing Act (the “AML Act”). Verifying your identity does not mean we will approve your transaction (see clause 4.1(a) for other variables that are considered).
(b) You represent and warrant to us that you are not aware, and have no reason to suspect, that any accommodation provided under any Agreement or the performance of any transactions contemplated by any Agreement will violate any financial or other sanctions or will be applied or related to any money laundering, terrorism financing or similar activity illegal under the AML Act or any other law or otherwise prohibited under any international convention or agreement. You must give us all information and assistance we require so that we can comply with those sanctions, laws, conventions and agreements.
(c) You agree to provide any information or documentation reasonably requested by us or a Supplier to verify your identity in connection with your BizPay Account or the Transactions.
(d) You authorise us to make, directly or through third parties, any enquiries we consider necessary to verify your identity and assess your capability to make payments according to the Payment Schedule in relation to all Transactions. This may include ordering a credit report, performing other repayment capability checks and verifying information you provide against third party databases.
(f) You authorise us (or any third parties providing a service to us or on our behalf) to disclose to third parties, to the extent required by any applicable laws or regulations, any information in relation to you or your BizPay Account. In addition, you acknowledge that BizPay reserves the right to report any negative activity on your BizPay Account (including late payments, missed payments, defaults or chargebacks) to credit reporting agencies.
(a) You represent and warrant to us that you have and will continue to have the power to enter into each Agreement and perform your obligations under each Agreement and those obligations are and will be valid, binding and enforceable.
(b) If you are or become the trustee of a trust each Agreement will be binding on you both in your own right and as trustee of the trust.
(c) If you comprise more than one person each of you is bound by each Agreement jointly and severally.
(d) You must do anything we reasonably require to ensure that each Agreement is binding and enforceable and to give effect to the transactions contemplated by an Agreement.
6.1 Our Website and all content on our Website are our exclusive property. The information on our Website is for information purposes only and is subject to change without notice.
6.2 You must not copy, imitate, modify, alter, amend or use without our prior written consent any URLs representing our Website, or any of our content, logos, graphics, icons or other content published on our Website or in our printed and online media.
6.3 You must at all times comply with all applicable laws in respect of the storage, transfer, and protection of personal information.
6.4 We undertake that we will not, at any time, copy, compile, collect, collate, process, mine, store, transfer, alter, delete, interfere with or in any other manner use any personal information for any purpose other than as permitted by an Agreement or as otherwise approved in writing by you from time to time.
6.5 Your personal information will at all times be owned by you.
(a) If you have a dispute with a Supplier, you should file a dispute through direct contact with the Supplier.
(b) Whilst we will endeavour to facilitate communication between you and the Supplier to enable a resolution to all disputes, the outcome of your disputes with Suppliers will not affect our rights and remedies under any Agreement or your obligation to meet any payments due to us.
(a) We aim to:
(b) If you wish to raise a dispute or submit a complaint to us, you should do so by contacting us using the details listed below. Disputes should be raised with us as soon as possible.
Phone: 1300 4 BizPay 4 249 729 | Email: email@example.com
(c) We may request additional documentation from you to assist us in resolving any complaints or disputes, and you must provide all reasonable assistance to us to facilitate us in resolving any complaints or disputes.
(d) If we cannot resolve a dispute within 21 days, we will notify you of the reason for the delay as well as give you an indication of when we expect to resolve the complaint or dispute.
(e) If you are not satisfied with the outcome of your complaint after it has been through our internal disputes process above, you can contact the Australian Financial Complaints Authority (AFCA) using the contact details listed below.
Email: firstname.lastname@example.org Website: www.afca.org.au Phone: 1800 931 678 (free call)
In writing to: Australian Financial Complaints Authority GPO Box 3, Melbourne VIC 3001
(a) Notices or other communications regarding an Agreement, any other agreements with us, your BizPay Account and/or your use of our Facility may be provided to you electronically.
(b) You agree to receive all communications from us in electronic form. Communications will be posted on our Website (where permitted under an Agreement) and/or sent to your email address.
(c) Alternatively, we may choose to give notice to you by:
(d) Where a notice is served personally, service of the notice is taken to be effected when delivered. Where a notice is sent by post, service of the notice is taken to be effected on the fourth day after the date of posting. Where a notice is sent by email, or through other electronic means, service of the notice is taken to be effected on the day after the day on which it is sent, unless we receive notification that delivery has failed.
(e) You consent to us using the contact details you have provided to us to:
(f) You acknowledge that we (or any third party providing services on behalf of us) may monitor or record telephone conversations or electronic communication for quality control and training purposes or for our own protection. We do not provide any guarantee that any such monitoring or recording will be retained or retrievable.
If you wish to contact us for any reason, you can do so on the details below
Email: email@example.com | Phone: 1300 4 BizPay 1300 BizPay 4 249 729
Mail: Level 1, 60 Martin Place, Sydney, NSW, 2000 Australia
(a) Access to the services we provide or our Website may occasionally be unavailable or limited due to hardware or software failure or defects, overloading of system capacity, damage from natural events or disasters or disruptive human activity, interruption of power systems, labour shortages or stoppages, legal or regulatory restrictions as well as other causes outside of our control.
(b) To the extent permitted by law, and subject to clause 2.2, we will not be liable for any loss or damage which you may incur as a result of our services or our Website being unavailable.
Each Agreement is governed by the law in force in New South Wales, Australia. Each party irrevocably submits to the non-exclusive jurisdiction of courts exercising jurisdiction in New South Wales, Australia.
(a) We will not be liable for any loss (including consequential and economic loss), damage, cost or expense suffered or incurred by you as a direct or indirect result of anything we do or fail to do, apart from a failure to do something which we are expressly required to do by the Terms and Conditions. This does not include a loss which is caused by our negligence, fraud or wilful misconduct, or that or our agents, contractors, officers or employees.
(b) All warranties, representations and guarantees in relation to the services we provide (including guarantees in connection with the continuous, uninterrupted or secure access to our Facility and representations or warranties regarding the period of time needed to complete processing of transactions) are excluded to the maximum extent permitted by law. Our liability for a breach of an implied warranty, representation or guarantee that by law cannot be excluded is limited (at our option) to the supplying of the service again or the payment of the cost of having the service supplied again when the law permits that limitation.
(c) To the full extent permitted by law, and subject to clause 2.2:
(d) BizPay and each BizPay Affiliate, or any third party providing services on behalf of BizPay, and the directors, employees, officers, agents and representatives of them, will not, to the extent permitted by law and subject to clause 2.2, be liable for any loss or damage (including any direct, indirect or Consequential Loss or damage) you or any third party may incur from your purchase or use of any Services from a Supplier, except to the extent that we cause such loss or damage (in which case, our liability to you is limited as set out in clause 9.3(c) above). You acknowledge that any consumer-related claims you may have in respect of the Services purchased from a Supplier will be a matter between you and the Supplier, subject to any obligation on us to process refunds and cancel future payments in accordance with the Agreement and our agreement with the Supplier.
(e) To the extent permitted by law, a party’s liability to the other party under or in connection with an Agreement is reduced to the extent, if any, to which the other party’s acts or omissions cause or contribute to its own loss or damage.
(f) The parties will take all reasonable steps to mitigate any loss incurred by them under an Agreement.
(a) You are responsible to BizPay and any BizPay Affiliate to the extent they are involved in the provision of the Facility for any claim, demand, loss, costs (including reasonable legal fees), expenses or damage they suffer or incur:
(d) You must indemnity and keep indemnified BizPay and those BizPay Affiliates against any claim, demand, loss, costs (including reasonable legal fees), expenses or damage they suffer or incur for any reason outlined in paragraphs (i), (ii) or (iii).
(e) Your liability under clauses 9.4(a) and 9.4(b) will be reduced proportionately to the extent that BizPay, its contractors or agents or the BizPay Affiliate:
(f) This clause 9.4 survives termination of any Agreement
(a) You acknowledge that it is imperative that we be able to rely on:
(b) You acknowledge that a breach by you of any obligation in an Agreement in relation to the matters in clause 9.5(a) (including, without limitation, a breach of clauses 2.3 or 3.2(b) and 3.2(e)) would cause significant detriment to BizPay and the BizPay Affiliates. You agree that monetary damages will not be sufficient to remedy that detriment, or may otherwise be incapable of being ascertained, and irrevocably consent to BizPay or any BizPay Affiliate seeking and obtaining injunctive relief to obtain relevant documents from you and to prevent such breach, or orders of specific performance to compel compliance, in addition to any other remedies available at law or in equity.
(c) If we reasonably consider that you have breached an obligation under an Agreement in relation to your identity, the information you provide to us and/or your use of your BizPay Account and our Facility, you agree, on request from us, to provide us with copies of all documents, notes or communications in relation to such alleged breach.
(d) This clause 9.5 survives termination of any Agreement.
Agreement means this document and each separate “Payment Agreement” which refers to or incorporates this document, together with any policies and documents incorporated by reference.
Card means any Australian card issued by Visa or MasterCard, excluding Gift Cards and other prepaid cards.
Consequential Loss means any loss, damage or costs incurred that is:
(a) indirect or consequential; and
Facility means the facility provided by us under an Agreement. Where the context requires it includes a facility which may be provided under an Agreement.
Fees, in relation to a Transaction, means any fees charged by us, as described in the Agreement, including Late Fees.
BizPay, we, us or our means BizPay Group Limited ACN 633 797 627, and can include an BizPay Affiliate where applicable.
BizPay Account means an account that BizPay creates to uniquely identify you and to enable you to use our Facility.
BizPay Affiliate means a related body corporate or related entity of BizPay, including one in another jurisdiction.
Nominated Payment Source has the meaning given in clause 4.2(a).
Payment Agreement means the agreement entered into between you and us in the form of the document in Schedule 2 or an agreement entered into between you and us in accordance with clause 3.3.
Payment Method means any payment method accepted by BizPay from time to time.
Payment Schedule, in relation to a Transaction, means a list of payment amounts that BizPay is entitled to receive from you, and the relevant due date of each payment. They are specified in the Payment Agreement.
PPSA means the Personal Property Securities Act 2009.
Services means the services you purchase from a Supplier. If you purchase goods from a Supplier it includes those goods
Supplier means a recruitment agency, executive search firm, other professional service provider or other third party that provides services (such as labour hire services) to you. You will owe a debt to the Supplier which is assigned to us under a separate agreement we have with the Supplier. The person is only a Supplier if it has entered into an agreement with us in the form and substance we require.
Transaction means the contract arising under a Payment Agreement. A reference to you placing a Transaction (or similar phrases) means you enter into that contract. Where the context requires it means a Transaction which will arise if a Payment Agreement is entered into.
Transferred Account, for the purposes of a Transaction, means the account evidenced by the invoice referred to in the Payment Agreement for that Transaction.
Website means www.bizpay.com and any other website operated by BizPay, including the BizPay App.
You (or your) means the person identified when a BizPay Account is created. If:
(a) such person does not exist,
(b) the name or details are used by someone who does not have the authority of that person; or
(c) is otherwise provided dishonestly or fraudulently, then you (or your) includes the person who signs the Payment Agreement or agrees to it in another way, such as by clicking on the Website to accept these terms.
With the exclusion of the late fees detailed below, which apply only if instalments are missed, any fees we charge you will be included in your instalments. These will be detailed in your Payment Agreement.
Late Fee: is 0.67% per day on the total invoice amount for up to 3 months from the due date of the missed instalment. After 3 months from the due date of the final instalment, the late fee becomes 0.2% per day, and we commence our collections process (we reserve the right to commence collections earlier).