Terms and Conditions

Terms and Conditions

LAST UPDATE: June 2022
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HIGHLIGHTS:

  • You may provide goods and services (Services) to businesses (Clients). You will issue an invoice to the Client for the Services you provide.
  • If requested by you under these terms and conditions (Supplier Terms), BizPay will offer the Client a service under which we will pay you the invoice amount on the Client‘s behalf and the Client will repay the invoice amount to us in agreed instalments (BizPay Service).
  • You can execute a separate document called a Supplier Agreement, which will comprise a contract between you and BizPay in relation to BizPay providing the BizPay Service to a specific Client. The Supplier Terms are incorporated into the Supplier Agreement.
  • BizPay considers that allowing the Client to use the BizPay Service to pay by instalments could make the purchase of Services from you more attractive.
  • BizPay only contracts with corporate entities, organisations or individuals (including, without limitation, partnerships, trusts, associations or sole traders) carrying on business. The individual who executes a Supplier Agreement on your behalf must be over 18 years and by executing confirms that they have the necessary capacity and authority to execute a contract on your behalf.
  • You remain responsible for the Services you supply to the Client. In particular, replacement guarantees and refunds are your responsibility. BizPay is not responsible for the Services you supply or should supply.
  • BizPay is taking on the risk of non-repayment from the Client.

1. These Supplier Terms

1.1 Our agreement

Each Supplier Agreement is a separate contract between the company named in the Supplier Agreement (you or your) and BizPay Group Pty Ltd (ACN 633 797 627) (BizPay, we, us or our). These Supplier Terms are incorporated into the Supplier Agreement and set out the terms and conditions that apply to your use of our Facility in connection with the Client and invoice specified in that Supplier Agreement. You agree to the Supplier Terms by executing the Supplier Agreement or using the Facility. If you do not agree to be bound by the Supplier Terms, you must not execute a Supplier Agreement or use our Facility.

1.2 Policies incorporated into the Supplier Terms and Supplier Agreement

Before you use our Facility, you should read the Supplier Terms and Supplier Agreement, as well as BizPay‘s Privacy Policy (available here), our Website terms and conditions (available here) BizPay Account Terms (available here). and any other policies notified by us and made available on the BizPay Website (Policies). Policies are incorporated into the Supplier Agreement and by agreeing to the Supplier Agreement you also agree to the Policies.

2. Facility and eligibility

2.1 Facility

The Facility allows you to request BizPay to provide the BizPay Service to your Client in relation to an invoice or invoices issued by you to the Client for your Services, as set out in the Supplier Agreement.

2.2 Eligibility

(a) To be eligible to use the Facility you must:

  1. be a corporate entity, organisation or individual (including, without limitation, a partnership, trust, association or sole trader) carrying on business;
  2. have an open BizPay Account;
  3. execute the Supplier Agreement for each Client and invoice or agree to it in another way which is acceptable to us. The individual who executes a Supplier Agreement on your behalf, or agrees to it in another way on your behalf, must be over 18 years and must have the necessary capacity and authority to execute a contract (or agree to it) on your behalf;
  4. have access to a valid Nominated Account to which we may make payments to you;
  5. have access to a valid Payment Method accepted by us; and
  6. meet BizPay‘s requirements in relation to any assessments and background checks.

(b) By accessing and using the Facility, you represent and warrant that:

  1. you are legally constituted in your jurisdiction;
  2. you have the legal capacity and authority to enter into a Supplier Agreement;
  3. your use of the Facility will not contravene any laws in your jurisdiction;
  4. BizPay will not contravene any laws in your jurisdiction by providing you with access to the Facility;
  5. you will use the Facility only for yourself, and not on behalf of any third party;
  6. you will only use the Facility in accordance with the Supplier Agreement (and the incorporated Supplier Terms); and
  7. you understand that your access to the Facility may be suspended at any time at our discretion for breach of the Supplier Agreement (and the incorporated Supplier Terms) or at the request of any government authority.

2.3. Acceptance of the Supplier Agreement

If you:

(a) access a Supplier Agreement through your BizPay Account and:

  1. click ‘I accept the terms of this Supplier Agreement‘; or
  2. otherwise provide confirmation to BizPay that you accept the terms of the Supplier Agreement; or

(b) provide BizPay with an instruction to proceed with providing the BizPay Service to a Client in respect which the Supplier Agreement relates; or

(c) make any payments of amounts owed under the Supplier Agreement or the Facility; or

(d) perform any obligations that arise under the Supplier Agreement or the Facility,

you will be deemed to have agreed to the terms of the Supplier Agreement (including these Supplier Terms) irrespective of whether the Supplier Agreement has been executed by you or your duly authorised representative.

3. Transactions

3.1 Transaction confirmation

(a) You acknowledge that even though BizPay may offer a Client to use the BizPay Services in connection with our agreement with you under the Supplier Agreement, that Client may not elect to use the BizPay Services. If the Client does not elect to use the BizPay Services:

  1. your obligations and your Client‘s obligations (including payment obligations) in respect of the Services continue; and
  2. our obligations under any Supplier Agreement will cease.

(b) If a Client elects to use the BizPay Services in relation to a Transaction, we will (subject to our approval and the Client satisfying all BizPay criteria and any obligations under our agreement with the Client):

  1. notify you that a Transaction has been approved; and
  2. pay to your Nominated Account the invoice amount (minus any Fees, as applicable) under the Transaction in Australian dollars within two (2) Business Days.

3.2 Your obligations concerning Transactions

(a) By using the Facility and allowing a Client to use the BizPay Service in connection with a Transaction, you represent and warrant that:

  1. the details provided to us in respect of a particular invoice specified in the Supplier Agreement are complete and accurate;
  2. you have provided, and the Client has received, all Services in respect of the invoice and the Client and is fully satisfied with them (unless otherwise accepted by BizPay);
  3. so far as you are aware, the Client will pay the invoice amount specified in the Supplier Agreement and has not previously had any instances of non-payment;
  4. you have disclosed to us all of the terms of your agreement with the Client in respect of the Services which could affect or relate to our rights or obligations under a Transaction;
  5. the invoice relating to a Transaction arose in the ordinary course of your ordinary business from the bona fide and arms length performance of Services by you;
  6. the invoice relating to a Transaction is not subject to any conditions which might affect its collection and does not arise from any form of progress claim;
  7. our payment of the invoice amount under a Transaction to you will satisfy the Client‘s obligation to pay you in respect of that same invoice; and
  8. you will comply with your obligation to pay applicable Fees to us under clause 4.1.

(b) You acknowledge and agree that:

  1. we are not responsible or liable for any Services that you provide the Client;
  2. you must perform:
    1. those Services to the satisfaction of the Client, to a proper professional standard and in accordance with your agreement with the Client; and
    2. any other obligations, including obligations which arise under the contract dealing with the Services; and
  3. you remain responsible and liable to the Client for all acts, omissions and obligations arising in connection with the Services.

4. Fees and payments

4.1 Fees

(a) In some circumstances, we may provide you with the option to elect whether you or the Client pays the relevant fees in connection with the Facility, as set out in the Supplier Agreement.

(b) If relevant, you must pay all amounts owed and Fees owed to us on the relevant dates set out in the Supplier Agreement.

(c) You must pay all amounts and Fees owed to us without set-off or counterclaim and despite any rights or claims which you may have against the Client.

4.2. Cross border transactions

(a) When the invoice amount specified in the Supplier Agreement 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 reasonable discretion to determine the original order value in your local currency and the amounts payable by us in accordance with a Transaction.

(b) The exchange rate used will change regularly to reflect the currency fluctuations in the foreign exchange market.

(c) We will determine when the invoice amount is converted.

4.3. Payments to you

(a) Before we can make any payments to you in respect of a Transaction, you must provide us with the details of your Nominated Account.

(b) By providing us with the details of your Nominated Account, you represent and warrant that:

  1. the Nominated Account will accept the currency denomination supported by us from time to time;
  2. you own the Nominated Account; and
  3. the Nominated Account is not owned (or part owned) by any third party.

(c) You must provide us with any changes to your Nominated Account as soon as possible through your BizPay Account. You acknowledge and agree that we are not liable for any payments made to an incorrect account due to you not providing us with updates to your Nominated Account.

4.4. Payments to us

(a) You must make all required payments by the relevant due date. You may make payments earlier than the relevant due date.

(b) If you do not make an early payment, we will automatically process payments in accordance with the relevant due dates. You authorise us to process such payments using the Payment Method nominated by you. You acknowledge that the use of some Payment Methods will require you to enter into separate agreements with us in relation to your use of that Payment Method (eg, direct debit).

(c) If an Automatic Payment fails on any of the due dates, we may re-attempt to process the payment at a later time or date.

(d) In some circumstances, instead of you making separate payments to us, we may net or deduct from amounts that are payable to you in respect of a Transaction, the amounts payable to us by you (including Fees). You acknowledge and agree that we may undertake this process to receive money you owe to us from time to time.

4.5. Automatic Payments

(a) We may automatically charge your nominated Payment Method on a one-time or regular basis in agreed upon amounts (Automatic Payment). You will have the option to select a nominated Payment Method when your BizPay Account is created. You can update or change your nominated Payment Method at any time via your BizPay Account.

(b) Subject to the Supplier Agreement, you expressly consent, authorise and instruct us to debit amounts from your nominated Payment Method on or after the relevant due dates.

(c) You are responsible for ensuring that you have sufficient funds in your nominated Payment Method to make Automatic Payments on the relevant due dates. You are liable for any fees or charges imposed by your nominated Payment Method issuer.

(d) You authorise us to satisfy any monetary liability you owe us by:

  1. debiting your nominated Payment Method at any time;
  2. offsetting any payment amount against any amounts we may owe you; or
  3. any other legal means.

4.6. Late payments

(a) If you fail to pay any amounts on the relevant due dates including if an Automatic Payment fails on the relevant dates), Late Fees will apply on each payment that is due but not received. Late Fees will not be applied until the day immediately following the day that the payment is due.

(b) We may, in our absolute discretion, delay the application of, or waive wholly or partly, any Late Fee.

4.7. No set-off

You must pay all amounts in full to us under the Supplier Agreement without any set-off, withholding or reduction for any reason whatsoever, including any existing or future act, omission or default by us.

5. Complaints and disputes

5.1 Client complaints and disputes

(a) If you have received a complaint or have a dispute with a Client, you must immediately notify us.

(b) You must do everything that is reasonably necessary to resolve any complaint or dispute in a manner that does not affect our rights and obligations in respect of that Client. If a credit note needs to be issued, you must obtain our approval before you issue it.

(c) In some circumstance, we may (in our reasonable discretion) facilitate communication between you and the Client for the purposes of communicating a complaint or dispute.

(d) Any complaints or disputes (or any resolution) you have with a Client does not affect your obligations or our rights under the Supplier Agreement.

5.2 BizPay complaints and disputes

(a) We are committed to providing a high standard of service. If you have any feedback, questions or are dissatisfied with any service you have received and with to submit a complaint, please do so by emailing us at: info@bizpay.com.

(b) Please provide us with the following details in order for us to be able to process your complaint expeditiously:

  1. your name, email address, and any other information that we may need to identify you;
  2. a clear description of your complaint;
  3. details of what you would like us to do to resolve your complaint; and
  4. any other relevant information and correspondence.

(c) We aim to:

  1. acknowledge receipt of all complaints within five (5) Business Days; and
  2. resolve all complaints within twenty-one (21) days, although this may not be possible in all circumstances.

(d) 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.

(e) If we cannot resolve a dispute within twenty-one (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.

6. Indemnification and limitation of liability

In this clause 6, we use the term “BizPay” to refer to us, all BizPay Affiliates, and each of their respective directors, officers, employees, agents, joint ventures, service providers and suppliers.

6.1 Indemnification

(a) You indemnify and hold BizPay harmless from any claim, demand, loss, costs (including reasonable legal fees), expenses or damage, arising out of or in connection with:

  1. your breach the Supplier Agreement (which includes the Supplier Terms) or any other agreement between you and BizPay;
  2. your non-payment of any amounts owed to us under the Supplier Agreement, including any costs we incur to recover amounts owed to us from you;
  3. your breach of any law;
  4. your breach of any right of a third party;
  5. any act or omission of a person you authorise to access your BizPay Account or the Facility;
  6. any act or omission conducted by you or a person you authorise in connection with any Services;
  7. subject to applicable law, any act or omission of a person not authorised to access your BizPay Account or the Facility as a result of your negligence.

(b) Your liability under this clause 6 will be proportionately reduced to the extent that BizPay caused or contributed to the relevant claim or loss, or where BizPay failed to take reasonable steps to mitigate the relevant claim, demand, loss, costs, expenses or damage.

6.2 Limitation of liability

(a) BizPay‘s liability is limited to the services it provides to you under the Facility. To the maximum extent (and subject to our liability under any Consumer Guarantee), and to the extent that BizPay‘s liability is not otherwise limited by this part or any other term of the Supplier Agreement (which includes the Supplier Terms) in no event will BizPay be liable for Consequential Loss (whether the claim is in relation to loss or damage arising under statute, in contract or in tort (including negligence) or otherwise) arising out of or in connection with:

  1. any services we provide to you under the Facility;
  2. your use of the Website or BizPay Account;
  3. the Supplier Agreement (which includes the Supplier Terms).

(b) To the maximum extent permitted by law (and subject to our liability under any Consumer Guarantee that may apply), in no event will BizPay be liable to you for any loss or damage of any kind (including any Consequential Loss) arising out of or in connection with:

  1. your use or access of, or your inability to access or use, the Facility, the Website or any BizPay Account;
  2. delays or disruptions in any of the services we provide to you;
  3. viruses or other malicious software obtained by accessing the Website or any BizPay Account;
  4. glitches, bugs, errors or inaccuracies of any kind in the Website or any BizPay Account or any of the services we provide to you, or the information and graphics obtained from them;
  5. the content, actions, or inactions of third parties (including Clients);
  6. a suspension or other action taken with respect to your access to any BizPay Account or the services we provide to you under the Facility; or
  7. your need to modify your practices, content or behaviour, or your loss of or inability to do business, as a result of changes to the Supplier Agreement.

(c) To the extent BizPay‘s liability is not otherwise limited by this part, and to the maximum extent permitted by law, BizPay is not liable for Consequential Loss.

(d) To the maximum extent permitted by law, BizPay‘s liability for any breach or non-compliance with a Consumer Guarantee is limited to doing one or more of the following (at BizPay‘s election):

  1. in the case of goods, to their replacement, the supply of equivalent goods, their repair, or payment of the cost of doing any of those things; or
  2. in the case of services, to resupplying the services or payment of the cost of their supply.

(e) You agree that any instructions you provide to BizPay through your use of the Facility are your responsibility and must be accurate, correct and complete in all respects. BizPay is not liable for any loss or claim arising from its actions or inactions in accordance with your instructions.

6.3 Survival

This clause 6 survives termination of the Supplier Agreement.

7. Disclaimer of warranty

(a) Subject to the operation of any Consumer Guarantee, any other law in relation to the goods and services provided under the Supplier Agreement, or any other express warranty or representation we make in the Supplier Agreement:

  1. our services are provided “as is” and no condition or warranty in relation to any good or services supplied by us is to be implied in the Supplier Agreement (which includes the Supplier Terms), including any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement; and
  2. we do not guarantee continuous, uninterrupted or secure access to any part of the Website, BizPay Accounts or our services, and these may be interfered with by numerous factors outside of our control.

(b) Although we strive to provide you with accurate and timely information on the Website and any BizPay Account, the content may not always be correct, complete or current and may include technical inaccuracies or typographical errors. As such, you should verify all content and information contained on the Website and any BizPay Account before relying on it. In an effort to provide you with as complete and as precise information as possible information may be changed or updated from time to time, without notice to you.

8. Termination

8.1 Termination by us

You may suspend your use of the Facility and terminate the Supplier Agreement at any time by:

(a) discontinuing your use of the Facility or your access to the Website or your BizPay Account;

(b) requesting us to close your BizPay Account; and

(c) paying any outstanding amounts that are owed to us.

8.2. Termination by you

You may suspend your use of the Facility and terminate the Supplier Agreement at any time by:

(a) discontinuing your use of the Facility or your access to the Website or your BizPay Account;

(b) requesting us to close your BizPay Account; and

(c) paying any outstanding amounts that are owed to us.

9. General

9.1 Changes to the Supplier Terms

(a) We may amend, modify, update and change any of the terms and conditions contained in the Supplier Terms in our reasonable discretion from time to time.

(b) We will notify you of any amendment, modification, update and change by publishing a new version of the Supplier Terms on the Website or by email.

(c) We will endeavour to give you at least ten (10) Business Days‘ prior notice (or longer if required by any relevant law) of any change that is likely to materially affect or disrupt the manner in which you use the Facility, except in circumstances where such a change is due to a change by a third party provider assisting in the operation of the Facility and we are not aware of the change in advance. In these circumstances we will endeavour to notify you in a reasonable time period after becoming aware of the change.

(d) Any subsequent use of the Facility or entry into the Supplier Agreement will constitute your acceptance of any new or modified terms. If you do not agree, you must close your BizPay Account.

9.2 Notices and communications

The notices and communications provisions set out in the BizPay Account Terms apply to the Supplier Agreement (which includes the Supplier Terms).

9.3 Change of control

In the event that we are acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from you, including any personal information, as part of such merger, acquisition, sale, or other change of control.

9.4 Subcontracting

We may subcontract (including to any BizPay Affiliate) the whole or any part of our obligations under the Supplier Agreement (which includes the Supplier Terms) without your prior consent.

9.5 Taxes

It is your responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the Facility or in connection with providing the Services, and to withhold, collect, report and remit the correct amounts of taxes to the applicable tax authorities.

9.6. Assignment

We may assign our rights and obligation, either in whole or in part, under the Supplier Agreement (which includes the Supplier Terms). Your rights and obligations are personal to you, and therefore non-assignable.

9.7. Invalidity

(a) If a provision of (or a right or remedy of a party under) the Supplier Agreement is invalid or unenforceable in a particular jurisdiction:

  1. it is read down or severed in that jurisdiction only to the extent of the invalidity or unenforceability; and
  2. it does not affect the validity or enforceability of that provision in another jurisdiction or the remaining provisions in any jurisdiction.

(b) This clause is not limited by any other provision of the Supplier Agreement in relation to severability, prohibition or enforceability.

9.8. Survival of indemnities

Each indemnity contained in the Supplier Agreement (which includes the Supplier Terms) is an additional, separate and independent obligation and no one indemnity limits the generality of another indemnity.

9.9. Severability

Any term of the Supplier Agreement (which includes the Supplier Terms) which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity or enforceability of the remainder of the Supplier Agreement is not affected.

9.10. Force Majeure

We shall not be liable for delays, failure in performance or interruption of service which results directly or indirectly from any cause or condition beyond its reasonable control, including, but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, pandemic, epidemic, war, strike or other labour dispute, fire, interruption in telecommunications or internet services or network provider services, failure of equipment or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.

9.11. Enforcement of our rights

We may not always strictly enforce our rights under the Supplier Agreement. If we do choose not to enforce our rights at any time, this is a temporary measure and we may enforce our rights strictly again at any time.

9.12. Survival

All provisions contained in the Supplier Agreement, which by their nature extend beyond the expiration or termination of the Supplier Agreement, will continue to be binding and operate after the termination or expiration of the Supplier Agreement.

9.13. Governing law and jurisdiction

The Supplier Agreement (which includes the Supplier Terms) 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.

9.14. Order of priority

If there is a conflict or inconsistency between the documents incorporated into the Supplier Terms then (unless otherwise expressed), the documents will be given the following order of priority (with paragraph (a) being the first in the order of priority) such that the conflicting provision in the document lower in the order of priority will be read down or if necessary severed to the extent necessary to resolve the conflict:

(a) the Supplier Agreement;

(b) the Supplier Terms;

(c) BizPay Account Terms;

(d) any Policy.

10. Definitions and interpretation

10.1. Definitions

The following definitions apply:

Automatic Payment has the meaning given to that term in clause 4.5(a).

ADI is short for authorised deposit-taking institution.

BizPay, we, us or our means BizPay Group Limited (ACN 633 797 627).

BizPay Account means the online account created for you on the Website pursuant to the BizPay Account Terms.

BizPay Account Terms means the terms and conditions that apply to your use of a BizPay Account (available here).

BizPay Affiliate means a related body corporate or related entity of BizPay.

BizPay Service means the service that we offer to Clients and under which we will pay you the invoice amount on the Client‘s behalf and the Client will repay the invoice amount to us in agreed instalments, as set out in the Supplier Agreement.

Business Day means the day that banks are open for business in New South Wales, Australia.

Client means a business to whom you provide Services and to whom we provide the BizPay Services.

Consequential Loss means any loss, damage or costs incurred by you that is indirect or consequential, as well as loss of revenue; loss of income; loss of business; loss of profits; loss of production; loss of or damage to goodwill or credit; loss of business reputation, future reputation or publicity; loss of use; loss of interest; losses arising from claims by third parties; loss of or damage to credit rating; loss of anticipated savings and/or loss or denial of opportunity.

Consumer Guarantee means any right you may have under consumer protection laws against providers of goods or services.

Facility means the services we provide to you under the Supplier Agreement (including the Supplier Terms), including providing the BizPay Service to your Clients.

Fees means any fees (including Late Fees) charged by us to you, as set out in any Supplier Agreement.

Late Fees mean the fees set out in the Supplier Agreement.

Nominated Account means the bank account that you nominate for us to make payments in relation to a Transaction.

Payment Method means any payment method accepted by BizPay from time to time.

Policies has the meaning given to that term in clause 1.2.

Services means the goods and services that you provide to a Client.

Supplier Agreement means the agreement entered into between you and us and incorporates the Supplier Terms.

Supplier Terms mean the terms and conditions set out in this document.

Transaction means the arrangement under which a Client elects to use the BizPay Service in order to pay an invoice owing to the Supplier.

Website means www.bizpay.com.

You or your means the corporate entity named in a Supplier Agreement and for which we create a BizPay Account.

10.2. Interpretation

The following rules of interpretation apply unless the contrary intention appears:

(a) headings are for convenience only and do not affect the interpretation of these terms;

(b) the singular includes the plural and vice versa;

(c) words that are gender neutral or gender specific include each gender;

(d) where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings;

(e) the words ‘such as‘, ‘including‘, ‘particularly‘ and similar expressions are not words of limitation;

(f) a reference to:

  1. a person includes a natural person, partnership, joint venture, government agency, association, corporation, trust or other body corporate;
  2. a thing (including but not limited to a chose in action or other right) includes a part of that thing;
  3. a party includes its agents, successors and permitted assigns;
  4. a document includes all amendments or supplements to that document;
  5. a clause, term, party, schedule or attachment is a reference to a clause or term of, or party, schedule or attachment to the Supplier Agreement or the Supplier Terms;
  6. the Supplier Agreement or the Supplier Terms includes all schedules and attachments to it;
  7. a law includes a constitutional provision, treaty, decree, convention, statute, regulation, ordinance, by-law, judgment, rule of common law or equity and is a reference to that law as amended, consolidated or replaced;
  8. a statute includes any regulation, ordinance, by-law or other subordinate legislation under it;
  9. an agreement other than the Supplier Agreement includes an undertaking, or legally enforceable arrangement or understanding whether or not in writing; and
  10. a monetary amount is in Australian dollars and all amounts payable under or in connection with the Supplier Agreement are payable in Australian dollars;

(g) an agreement on the part of two or more persons binds them jointly and each of them severally;

(h) no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of the Supplier Agreement or the Supplier Terms or any part of them;

(i) when the day on which something must be done is not a Business Day, that thing must be done on the following Business Day;

(j) in determining the time of day where relevant to the Supplier Agreement or the Supplier Terms, the relevant time of day is:

  1. for the purposes of giving or receiving notices, the time of day where a party receiving a notice is located; or
  2. for any other purpose, the time of day in the place where the party required to perform an obligation is located;

(k) a day is the period of time commencing at midnight and ending immediately before the next midnight is to occur; and

(l) if a period of time is calculated from a particular day, act or event (such as the giving of a notice), unless otherwise stated, it is to be calculated exclusive of that day, or the day of that act or event.

Form of the Supplier Agreement

SUPPLIER AGREEMENT

This is a Supplier Agreement between BizPay Group Limited (ACN 633 797 627) (BizPay) and <Supplier‘s Company Name> (you) for the purpose of the BizPay Supplier Terms and Conditions (available here) (Supplier Terms).

By executing this Supplier Agreement:

  1. you irrevocably direct BizPay to offer the BizPay Services to <Client‘s Company Name> (Client) in respect of invoice <Insert Invoice Number Here> issued by you;
  2. if elected by the Client, BizPay will provide the BizPay Services to the Client and make certain payments to you in respect of the invoice on the terms of the Supplier Terms; and
  3. you will pay BizPay the amounts set out in the following schedule and the Supplier Terms.

The Supplier Terms are incorporated into this Supplier Agreement. It is essential that you carefully read both this document and the Supplier Terms before you execute this Supplier Agreement. The Supplier Terms can change. The Supplier Terms which apply to this Supplier Agreement are those which are on the Website on the date stated below.

Invoice Amount<Insert invoice amount here>
BizPay Fee<Insert any relevant fee to be paid by the Supplier>
Disbursement Amount<Insert disbursement amount>
Agreement Date<Insert agreement date here>
Client<Insert client here>

Acceptance

This document constitutes an offer to you by BizPay to enter into the Supplier Agreement on the included terms. As set out in the Supplier Terms, you are deemed to have accepted this offer, executed this Supplier Agreement and agreed to be bound by the terms above and in the Supplier Terms by:

  1. accessing this document through your BizPay Account and:
    1. clicking ‘I accept the terms of this Supplier Agreement‘; or
    2. otherwise providing confirmation to BizPay that you accept the terms of this Supplier Agreement;
  2. providing BizPay with an instruction to proceed with providing the BizPay Service to a Client in respect of which this Supplier Agreement relates;
  3. making any payments of amounts owed under this Supplier Agreement or the Facility; or
  4. performing any obligations that arise under this Supplier Agreement or the Facility.