Paycorp and Myob-Paydirect Online Merchants Terms and Conditions
These Terms and Conditions govern the Merchant Agreement between
provider (us) and the Merchant (you) for our provision of Selected
Services to you (Agreement).
Unless otherwise specified, the initial term of the Agreement shall
continue for 1 year from the date of commencement of the Agreement,
unless terminated earlier in accordance with the conditions for
At the end of the initial 1 year term and each subsequent term, the
Agreement shall be automatically extended for a further 1 year term
unless it is terminated at the end of any 1 year term by either us or
you having provided not less than 90 days’ written notice to us. On
termination you agree to pay a termination fee to cover the reasonable
costs associated with your termination.
3.1 The relationship between us and you is one of independent
contractors and does not constitute a partnership or joint venture and
is described as an independent contractor or payments facilitator.
3.2 Neither us nor you shall:
(a) hold ourselves out as being authorised to bind or act as agent
for or on behalf of the other; or
(b) attempt to bind or impose any obligation on the other (including
any costs or charges) or incur any joint liability with the other
without the prior written consent of the other.
3.3 Neither us nor you may contract, engage, release or waive or do
any other act for, on behalf of, or in the name of, the other without
the prior written consent of the other, which consent can be withheld
at the discretion of the other.
3.4 Neither us nor you may, and we must use all reasonable
endeavours to ensure that our respective employees and contractors do
not, do any of the following without the other’s prior written consent:
(a) represent the other; or
(b) engage solicitors to represent the other, in any claim, suit or
proceeding whether in connection with our Services or otherwise.
4 MERCHANT INTERFACE
4.1 To access and use our Services you must use our enabling
software within your chosen interfaces OR access our Services via a
PYC Partner Interface, such as MYOB PayDirectOnline if applicable.
4.2 Except for any related Set-Up Services and any Hosting Services,
you are solely responsible for developing, setting up, commissioning,
running and maintaining your chosen interface at no cost to us (if applicable).
4.3 You are responsible for approving the content of your Web Site
and must ensure that your Web Site does not infringe or breach any
applicable laws or Card Scheme Rules relating to the use, content or
operation of your Web Site.
5 MERCHANT’S RELATIONSHIP WITH ACQUIRER AND ACKNOWLEDGEMENT
5.1 You are responsible for resolving any dispute between you and
the selected Acquirer about any of your Transactions which are
processed using our Service, other than any dispute that arises when
you have selected the PYC Merchant on Record Account.
5.2 If the agreement between you and your PYC Merchant on Record
Account is terminated, and if you do not then appoint another
Acquirer, we may suspend your access to our Service.
5.3 Both us and you acknowledge that: (i) for CNP or Card Not
Present Transactions the Card and the Cardholder will not be
physically present at the time of the Card sales transaction and (ii)
with a Card Not Present Transaction there is an increased risk that
the Cardholder’s identity or authority may be later called into question.
5.4 You accept any risk on behalf of processing transactions as
explained in the Card Scheme Rules. We/Acquiring bank may include a
merchant risk security deposit and will debit the merchant's billing
account for charges associated with chargebacks or other related
Scheme Rule breaches.
6 MERCHANT’S RELATIONSHIP WITH CUSTOMERS
6.1 We are not responsible for the performance by a Cardholder of
its obligations to you or for the performance by you of your
obligations to a Cardholder under any contract you have with them.
6.2 You are responsible for resolving any dispute between you and a
Card Holder in respect of any contract between you and the Customer
and any dispute between you and a Card Holder that relates to a
Transaction that has been processed using our Service.
6.3 If a dispute arises between you and your Card Holder that
relates to a Transaction that has been processed using our Service, we
will provide reasonable information and assistance to you in respect
of that Transaction. All charge back processes will be followed as per
Scheme Rules and Issuing/Acquiring bank procedures.
7 GENERAL OBLIGATIONS
We and you shall each act honestly and faithfully towards each
other, and not do anything to cause the other’s name or reputation to
be brought into disrepute in respect of any matters that are the
subject of the Agreement.
We and you shall each notify the other in writing immediately if we
become aware of any fraudulent activity involving your interface or
the Selected Services.
We and you must comply with the operating procedures of the banking
and card Scheme Rules. These rules and procedures are available at
www.visa.com, www.mastercard.com, www.amex.com.
We will provide the Selected Services with all reasonable care,
skill and attention, in a prompt and professional manner, and using
suitably skilled, trained and qualified personnel.
We are not responsible for anything done or omitted to be done by
the Acquiring Bank or a Card Issuer unless such act or omission arises
as a consequence of any wrongful or unlawful act or omission or breach
of the Agreement by us.
8 CALCULATION AND PAYMENT OF SERVICE FEES
Unless otherwise stated, the Service Fees and Set-Up Service Fees
are exclusive of any taxes, fees and duties or other amounts however
designated (including goods and services, value added and withholding
taxes which are levied or based upon such charges).
You will be invoiced monthly in arrears for the Service Fees due and
payable by you to us. You will be provided with an invoice which
contains such information and detail as you reasonably require to
enable you to account for the services referred to in it.
You must pay all validly rendered invoices within 30 days of
receipt. The billable Services Fees for any given month during the
Term will be a minimum of $40 excluding GST. If any part of rendered
invoices are owed, payment will be drawn from the merchant's
registered bank account or card account.
At the end of any 1 year term, each fee may be varied by not more
than the total amount of inflation over that Term, provided you have
received Thirty (30) days written notice of the proposed variation and
you have not disagreed in writing to the variation.
9 GOODS AND SERVICES TAX
9.1 In this paragraph 9:
(a) "GST" means GST as defined in the GST Act or any
replacement or other relevant legislation and regulations;
(b) words used in this clause which have a particular meaning in the
"GST law" (as defined in the GST Act, including any
applicable legislative determinations and Australian Taxation Office
public rulings) have the same meaning, unless the context otherwise requires;
(c) any reference to GST payable by a party includes any
corresponding GST payable by the representative member of any GST
group of which that party is a member; and
(d) if the GST law treats part of a supply as a separate supply for
the purpose of determining whether GST is payable on that part of the
supply or for the purpose of determining the tax period to which that
part of the supply is attributable, such part of the supply is to be
treated as a separate supply.
9.2 Unless GST is expressly included, any consideration expressed to
be payable under or in connection with the Agreement does not include GST.
9.3 To the extent that any supply made under or in connection with
the Agreement is a taxable supply, the GST exclusive consideration
otherwise payable for that supply is increased by an amount equal to
that consideration multiplied by the rate at which GST is imposed in
respect of the supply, and is payable at the same time.
9.4 You and us must each do all things, including procuring the
provision of invoices, Tax Invoices and other documentation, that may
be necessary or desirable to enable or assist the other to claim any
input tax credit, adjustment or refund in relation to any amount of
GST paid or payable in respect of any supply made under or in
connection with the Agreement.
9.5 If a payment to a party is a payment by way of reimbursement or
indemnity and is calculated by reference to the GST inclusive amount
of a loss, cost or expense incurred by that party (ie: transaction
refund, merchant service fee refund) then the payment is to be reduced
by the amount of any input tax credit to which that party is entitled
in respect of that loss, cost or expense before any adjustment is made
10 INTELLECTUAL PROPERTY
All intellectual property rights subsist in our Service and the PES
and any documentation or copies of documentation or information
relating to our Services and the PES remains vested in us or the
person who has licensed or authorised us to use that Intellectual Property.
11 FOREIGN CURRENCIES
You take responsibility for all risks associated with any foreign
12.1 You and us both acknowledge that the Confidential Information
of the other party is valuable to that party and shall:
(a) keep the Confidential Information of the other party secret and
protect and preserve the confidential nature and secrecy of the
Confidential Information of the other party; and
(b) not use the other party’s Confidential Information for any
purpose other than to perform the Agreement.
12.2 A party may disclose Confidential Information of the other party:
(a) as required by law, provided that the other party is given
notice with sufficient promptness to permit the other party to protect
such Confidential Information by protective order or to otherwise
challenge such requirement on any basis allowed by law;
(b) a party may disclose Confidential Information of the other party:
(i) to an officer or an employee of the first mentioned party
requiring the information for the purposes contemplated by the
(ii) to its legal advisors in order to advise the first mentioned
party in relation to its rights under the Agreement,
but in each case, only to the extent necessary for the relevant
purpose and only if such person is bound by an agreement or duty to
keep such Confidential Information confidential.
12.3 Upon the expiry or termination of the Agreement, both us and
you shall return or destroy all Confidential Information of the other
in its possession or control promptly upon request.
12.4 Confidential Information excludes information:
(a) that is in or enters the public domain other than through breach
of the Agreement or through the unauthorised disclosure by a third
(b) that a party can establish was already known to it prior to
disclosure or receipt of the information from the other party, or was
learned from another party who was not under an obligation to keep
that information confidential.
13.1 Either us or you may terminate the Agreement immediately by
giving written notice to the other party if the other party:
(a) defrauds the first party;
(b) breaches its confidentiality obligations;
(c) breaches these terms other than paragraph 12 (Confidentiality),
and fails to remedy the breach within 20 Business Days of receiving
written notice from the other party specifying the breach and
requiring the breach to be remedied;
(d) is or is deemed to be insolvent;
(e) enters into liquidation except for the purpose of solvent
amalgamation or reconstruction, or has an administrator appointed;
(f) except as permitted by paragraph 20 (Assignment), disposes of
the majority of its business, or merges with or into another entity,
or a controlling interest is acquired by a third party without the
prior written consent of the other party;
(g) except as permitted by paragraph 20 (Assignment), ceases to
carry on business; or
(h) has a receiver appointed or enters into any scheme of
arrangement with its creditors or takes the benefit of insolvency or bankruptcy.
13.2 Upon termination of the Agreement your right to use the
Selected Services ceases, your obligation to pay for the Selected
Services ceases, and we will cease to communicate any Transaction Data
to the Acquiring Bank. We reserve the right to withhold up to 6 months
of your transaction volume in case of chargebacks as defined by the
Card Scheme Rules
14 INFORMATION AND PRIVACY
We will store Transaction Data which we receive from you during the
Term. Transaction Data may only be retained for the purpose of
performing the Selected Payment Services.
We will comply with PCI DSS and all applicable privacy laws
to time) in our collection, storage and handling of “personal information”.
We may, from time to time, request information from you. Information
received from you will be subject to privacy and confidentiality
requirements under the Agreement.
15 ADDITIONAL COVENANTS
We will not terminate support for without giving you at least five
(5) days advance notice. We will not reduce the quality or
functionality of the services provided under the Agreement
16 LIMITATION OF LIABILITY
Except as expressly provided in the Agreement including these terms
and conditions, neither us nor you make any warranty of any kind,
whether express, implied, statutory or otherwise and we each
specifically disclaim all implied warranties to the fullest extent
permitted by law.
We and you both limit our liability for breach of an implied
condition, warranty or right to the fullest extent permitted by law.
We do not guarantee the suitability of our Services.
We accept no liability for losses resulting from a malfunction of
Selected Services and any liability implied by law shall be limited to
the provision of a refund of associated service fees and charges.
You indemnify us for any breach by you of the Agreement.
You hold our officers harmless from any losses arising, directly or
indirectly, as a result of your use of the Selected Services.
18 FORCE MAJEURE
Neither us nor you will be liable for any failure to perform, or for
any delay in performing, any of our obligations under the Agreement
where that failure or delay is occasioned by strike or other
industrial action, legislative, governmental or other prohibitions or
restrictions, fire, flood, earthquake, acts of war, or other causes
whatsoever beyond such party's reasonable control (“Force Majeure
Event”). A party prevented or delayed by a Force Majeure Event from
performing an obligation under the Agreement must take reasonable
steps to remove the cause, or minimise its effects, as soon as
reasonably possible, and must resume performance immediately when such
Force Majeure Event ceases or is removed. If a Force Majeure Event
prevents either party from performing for a period of seven (7) days
or longer, the other party may terminate the Agreement.
19 DISPUTE RESOLUTION
A party to the Agreement claiming a dispute has arisen under the
Agreement must give written notice to the other party designating as
its representative in negotiations a person with authority to settle
the dispute. The other party must, within two Business Days, give
notice of its own representative in negotiations with the authority to
settle the dispute.
Designated persons must, within two Business Days of the
designation, following whatever investigations each deems appropriate,
undertake good faith discussions to resolve the dispute.
If the dispute is not resolved within two Business Days, either us
or you may commence court proceedings.
No court proceedings can be commenced before this dispute resolution
procedure has taken place.
Information and documents exchanged during the dispute resolution
process may only be used for the purpose of resolving the dispute.
20 SERVICE LEVEL COMMITMENT
All Services provided by us under the Agreement shall achieve 99.95%
uptime during each month.
If in any month this uptime is not achieved, then as your sole and
exclusive remedy, you shall be entitled to a service credit
proportionally equal to the amount of downtime experienced and
calculated on a monthly basis. The regular monthly transaction fees
will be credited by the proportion and number of transactions which
were not processed during the unscheduled service outage.
Regularly scheduled maintenance time does not count as downtime.
Regularly scheduled maintenance must be communicated in writing at
least one (1) week in advance, and must be scheduled to occur at night
on the weekend. Regularly scheduled maintenance may not exceed 10
hours per quarter.
The service credit is valid for up to two years from the month for
which the credit was issued. “Test stores” and other test environments
are expressly excluded from this or any other service level commitment.
Any notice given in connection to the Agreement must be in writing
and signed by an officer of the business.
If a notice is sent by post, the date of service shall be deemed to
be two Business Days after the date of posting; if sent by facsimile,
the date of service shall be deemed to be the date of the successfully
completed facsimile transmission. A notice delivered after 4 pm on a
Business Day is deemed to have been served at 9 am the next Business Day.
We may assign or novate all or part of our rights and/or obligations
under the Agreement without obtaining your consent.
This Agreement is personal to you and you may not assign, novate,
transfer, delegate or otherwise deal with your rights and/or duties
under this Agreement to anyone else without our prior written consent
and any attempted assignment or delegation is void.
We may at any time amend these Terms and Conditions by providing not
less than Thirty (30) days’ notice of such change to you. Your
continued use of the Selected Services amounts to acceptance of the
amendment. You may refuse to be bound by the amended Terms and
Conditions by ceasing use of our Selected Services from the time of amendment.
We and you must do all acts, and execute all documents necessary to
implement or enforce the provisions of the Agreement to give effect to
our intentions as expressed in the Agreement.
Even if a part of the Agreement is for any reason invalid or
unenforceable, the remaining part continues in full effect as if each
party had signed it without the invalid part.
No waiver of any breach of these provisions will be effective unless
such waiver is in writing and signed by the parties to the Agreement
against whom such waiver is claimed. No waiver of any breach will be
deemed to be a waiver of any other or subsequent breach.
The Agreement is governed by the laws of New South Wales and we and
you both submit to the non-exclusive jurisdiction of the Courts of
The Agreement contains the entire agreement between us and you with
respect to its subject matter and supersedes all other prior written
and oral agreements between us with respect to its subject matter.
The Agreement may be executed in counterparts (including by
facsimile or other electronic communication), each of which will be
deemed an original, but all of which together will constitute one and
the same instrument.
End-User License Agreement (EULA), terms of service, “click-wrap”,
“browse-wrap”, or any other agreement which requires or permits any
person to assent to such agreement on your behalf by clicking an “I
agree” or similar box or by otherwise indicating assent without manual
signature, shall be binding upon you.
In the Agreement, the following terms shall have the following meaning:
Available Cards means the Scheme Payment Cards for which we will
provide our Services. As at the date of commencement of the Agreement
the Available Cards are Amex, Diners, MasterCard and VISA.
Acquirer: means the bank or provider of the merchant facility.
Business Day means a day, Monday to Friday, on which banks are open
for general banking business in Sydney or Melbourne.
Business Hours means the hours of 9.00 am to 5.00 pm on Business Days.
Card means Available Scheme Payment Card or Scheme Debit Card.
Card Issuer means any institution which issues a credit card (which
institution may or may not be the same institution as the Acquirer).
CNP or Card Not Present Transaction has the meaning given in
Confidential Information means all data, information, material and
accounts concerning or in any way connected with the business,
property, customers or affairs of a party to the Agreement and which
is disclosed to, or otherwise becomes known to, the other party by any
means as a result of or in connection with this document, and includes
Transaction Data, Transaction Response, all Messages, all Transaction
Log and the Software (if any).
Customer or Cardholder means a person who, with or without
authority, requests you to initiate a Transaction in respect of an
Event by making available details of a Permitted Card.
Declined Transaction Fee means the fee per declined Transaction
Request charged by us for providing our Service (which as at the date
of commencement of the Agreement is as set out in the Agreement)
Digital Key means the digital certificate provided by or on behalf
of us to you which is used by our Service to identify you.
Event means the event which gives rise to a Customer requesting you
to initiate a Transaction including the purchase of goods or services
by the Customer from you.
GST has the meaning given in paragraph 9.
GST Act means the A New Tax System (Goods & Services Tax) Act 1999.
Hosting Service is the payment application hosted by us.
Initial Term is the initial term of the Agreement being one (1) year
from the date of commencement of the Agreement.
Intellectual Property Rights means in relation to a person, the
rights of the person in and to:
(a) any copyrights, patents, designs, trade marks, trade names,
business names, circuit layout rights (whether registrable, registered
or unregistered and whether protected by law in Australia or
(b) any applications for, or rights to obtain or acquire, any
intellectual property rights as defined in paragraph (a).
Message includes a set of data elements used to convey information
between two persons.
Payment Transaction means a transaction initiated by a Customer or
you using our Enabling Software, being a claim for funds to be debited
against a Scheme Payment Card, and (ultimately) credited to Your
Account, which claim is made by you against the Acquirer and, where
the Acquirer is not the Card Issuer, by the Acquirer against the Card Issuer.
Permitted Card means the Scheme Payment Card or Cards (selected by
you from the Available Cards from time to time) as Scheme Payment
Cards which you will permit to be used in respect of our Services.
PES or Enabling Software means our proprietary software which
enables you to use our Services directly.
PES Specifications means the specifications, operating manuals,
training manuals and associated documentation supplied by us to you in
respect of the use and operation of the PES.
Privacy Laws means all legislation, principles, industry codes and
policies regulating the collection, handling and use personal
information (including the Privacy Act 1988 (Cth)).
Protected Data means all information submitted to the Selected
Services, whether by you or by your customers, and includes
PYC Merchant on Record Account means the processing bank account
held by our bank which is accepted in writing by you as the clearing
account to which the Payment Transactions are to be delivered and
processed from where the settlement proceeds of these Transactions are
to be sent via the Australian - Bulk Electronic Clearing System (BECS)
to your Account of choice.
Note: This allows card present transactions and CNP Transactions to
more easily be processed on your behalf as a single processing point –
therefore relieving a multitude of technology and cost layers whilst
delivering a consolidated interface view to your business.
PYC Partner Interface means the interface you use which is not our
interface. If using a PYC Partner interface, you do not need to
interface directly to us. All technical connectivity to our Services
are natively provided via the PYC Partner Interface. ie: MYOB -
PayDirectOnline and/or Netsuite.
Relevant Transaction Data means that part of the Transaction Data
which we communicate to the Acquirer in accordance with the Acquirer’s
requirements, for the purpose of obtaining a Transaction Response.
Reversal means the reversal of a previous Payment Transaction in
accordance with the Scheme Rules, whatever the cause of the reversal.
Reversal Transaction means a claim for a Reversal, being a claim for
funds to be debited against Your Account and (ultimately) credited to
the Scheme Payment Card used for the related Payment Transaction,
which claim will be made by the Acquirer, against you and, by the Card
Issuer against the Acquirer (it being noted that a Reversal
Transaction may only be initiated by you or by the Acquirer or by the
Card Issuer in circumstances outlined in the Card Scheme Rules. ie: chargeback).
Scheme Payment Card means any payment card or charge card accepted
by an Acquirer member of visa, mastercard, american express, the use
of which is governed by their Scheme Rules which are publically
available via the scheme web sites – www.visa.com, www.mastercard.com, www.amex.com.
Scheme Rules means the rules and guidelines produced by the credit
card scheme operators, being visa, masterCard, american express from
time to time relating, amongst other things, to the use of those
credit cards and liability for Transactions effected under those
credit cards by which you, the Customer, the Acquirer and (where the
Acquirer is not the Card Issuer) the Card Issuer are bound. These
rules are publicly available at: www.visa.com, www.mastercard.com, www.amex.com.
Secure Environment includes the physical environment, in which our
servers are located.
Security Procedures means the security procedures relating to the
use of our Service published and implemented by us from time to time,
and notified to you by email at least 7 days prior to implementation,
including procedures relating to your use and access to the
Selected Services means our Service and the additional services
which we agree to provide you under the Agreement.
Service means the service we provide to you (by us making available
our infrastructure, its computer software and Transaction Protocols)
through which the Customer, you, and the Acquirer Communicate
Transaction Requests and Transaction Responses and (if applicable) the
Card Issuer processes Transactions.
Service Fees means the fees payable by you for the use of the
Selected Services as specified in the Agreement with us directly or
with the Partner directly.
Set-Up Service means the services provided by or on behalf of us to
enable you to start using our Services and the PES including
installation of our Enabling Software at Your PYC Interface (if
applicable), connection of our Enabling Software and our Services, and
all other administrative and technical tasks undertaken to achieve
this, and also includes all Set-Up Services listed in the Agreement.
Software means the PES as well as the processing systems and bank
Support Services includes all of the services required to maintain
the accuracy, functionality, quality, continuity and response times
for our Services, including those services referred to in the Agreement.
Tax Invoice means the same as in the GST Act.
Term means the Initial Term and includes, in the event of any
renewals pursuant to paragraph 2.2, those additional periods for which
this agreement is extended, subject to any earlier termination in
accordance with paragraph 2.1.
Terminal means the bank certified POS terminal which is used by you
to accept scheme payment cards
Transaction means either a Payment Completion Transaction or a
Reversal Transaction or an Authorization Transaction as the context
Transaction Data Format means the scope (format) of the Transaction
Data which you will communicate to us utilising our Enabling Software,
as specified by us from time to time during the Term.
Transaction Data means a Message which contains all of the
information which we receive from you when you initiate a Transaction
Request which information must comply with the Transaction Data Format.
Transaction Fee means the fee per approved Transaction Request
charged by us for providing our Service.
Transaction Log means the database in the format specified in the
Operating Procedures, in which we keep an electronic copy of:
a all Transaction Data received by us from you in accordance with
the Transaction Data Format; and
(c) each Transaction Response received by us from the Acquirer, in
respect of your Transactions.
Transaction Protocols means the protocols specified by the banking
and scheme networks on which the operation of our Service is based.
These protocols are natively provided to you directly through the PES
or PYC partners via partner connectors.
Transaction Reference means the unique identifying number
communicated by our Service to you in respect of a Transaction
Request, to acknowledge that our Service has received that Transaction
Request from you.
Transaction Request means the request which is initiated by you
sending (or causing a Customer to send) Transaction Data to us, by
which we communicate Relevant Transaction Data to the Acquirer for the
purpose of having a Transaction processed by the Acquirer.
Transaction Response means the response which the Acquirer
communicates to us in response to a Transaction Request (which
response will result in a Transaction Request being either approved or declined).
Validity Tests means the tests which are used to partially validate
the Transaction Data as determined by us from time to time.
Web Site means a location accessible on the internet through the
World Wide Web.
World Wide Web means the system of internet servers that support
specially formatted documents.
Your Bank Settlement means the bank account held by you with the
Acquirer which is nominated in writing by you (in your sole discretion
from time to time during the Term) as the account to which the
proceeds of Payment Transactions are to be credited and from which the
proceeds of Reversal Transactions and Chargebacks are to be debited.
Your PYC Interface means the point or points at which you access,
and we provide Selected Services, and includes but is not limited to
Terminals and your Web Site.
Your Payment Capture Point means, in the case of your direct PYC
Interface being a Web Site or a Partner provided interface - that
page/card capture point through which a Customer is able to initiate a
Payment Transaction, using any Scheme Payment Card, for goods or
services or both purchased by your Customer from you, and in the case
of your Interface being a Terminal, means that device through which a
Customer is able to initiate a Payment Transaction, using any Scheme
Payment Card, for goods or services purchased by the Customer from you.
In the Agreement, unless the contrary intention appears:
(d) a reference to a person, document or agreement (including this
document) includes a reference to that person, document or agreement
as novated, changed or replaced from time to time;
(e) a reference to a party includes its executors, administrators,
successors and permitted assigns;
(f) headings are for ease of reference only and do not affect the
meaning of this document;
(g) other grammatical forms of defined words or expressions have
(h) a reference to a clause, paragraph, schedule or annexure is a
reference to a clause or paragraph of or schedule or annexure to the Agreement;
(i) a reference to 'A$', '$A', 'dollar' or '$' is a reference to
(j) a reference to 'including' or 'includes' means 'including but
not limited to'; and
(k) a reference to any legislation or statutory instrument or
regulation is construed in accordance with the Acts Interpretation Act
1901 (Cth) or the equivalent State legislation, as applicable.
26 MYOB - PAYDIRECT ONLINE MERCHANTS SETTLEMENTS
By AGREEING TO USE PAYDIRECT YOU ARE signing AND AGREEING TO USING a
direct debit request, authorising Paycorp (User ID 466181/461052) to
arrange for funds to be debited and credited TO & from your
account FOR MERCHANT SETTLEMENT PURPOSES
Direct Debit User Licence Terms & Conditions
Account means the account held at your financial institution from
which Paycorp is authorised to arrange for funds to be debited and
credited using the the User Licence 461052(credit) and 466181(debit)
issued by Westpac Banking Corporation.
Agreement means this direct debit service agreement between you and Paycorp.
Banking Day means a day other than a Saturday or a Sunday or a
Public Holiday listed throughout Australia.
Debit Day means the working business day that payment by you to
Paycorp is due.
Credit Payment means a particular transaction where a Credit is made.
Direct Debit Request means the direct debit authorisation between
you and Paycorp
You have authorised your account to be debited by signing this
direct debit request for any disputed transaction, Charge backs,
duplicate payments and any payments that are deemed fraudulent up to 6
months from the date of the original transaction.
You means the customer who signed the direct debit request.
Your Financial Institution is the financial institution where you
hold the account that you have authorised Paycorp to arrange to debit.
Paycorp may withhold disbursement of funds time to time to perform
mandatory checks on transactions made by your customer.
Debiting your account
By using MYOB PayDirectOnline, you have agreed and signed a direct
debit/credit request authority. You have authorised Paycorp (User ID
466181) to arrange for funds to debited and credited from your
nomitaed account for any amounts associated with the merchant Card
Payment Facilities being used by you and provided by Paycorp and MYOB
If the debit day falls on a day that is not a banking day, we may
direct your financial institution to debit your account on the
following banking day. If you are unsure about which day your account
has or will be debited you should ask your financial institution.
Changes by us (Paycorp)
Paycorp may vary any details of this agreement or a direct debit
request at any time by giving you at least fourteen (14) days’ notice.