Public One-Off Payment

One-Off Payments Terms   <<B2Bpay as an example>>

B2Bpay provides a service for Customers to make any Payments of fees to Merchants. These terms and conditions form part of a Customer Registration Form (CRF) executed by the Customer (referred to as you) wishing to make Payments to the Customer’s Merchant through Zenpay Pty Ltd ABN 63 056 881 942, part of the Zenith Payments group trading as B2Bpay (or referred to as us). By completing and executing the CRF or usage of the service, the Customer agrees to be bound by the terms and conditions set out below (the “Terms”).

ZenPay Pty Ltd holds an Australian Financial Services Licence (number: 528678) and before you utilise ZenPay’s services,you should read these Terms in conjunction with ZenPay Pty Ltd’s Financial Services Guide, Product Disclosure Statement, and Target Market Determination which are available at https://zenithpayments.com.au/ZenPay-PDS.pdf

 1.Definitions (as used in this agreement)

Account means the credit, debit, bank or other Account nominated or used by the Customer to make Payment to a Merchant.

Account holder means the owner or signatory of the credit, debit, bank or other Account nominated or used by the Customer.

Customer means a person who has an agreement relating to the making of Payments to a Merchant, or an entity with whom the Merchant acts. For the purposes of this agreement, it also includes any person who makes Payments via the B2Bpay program on behalf of a Customer.

Customer’s Registration Form or (CRF) means an agreement between a Customer and us whereby the Customer agrees to utilise B2Bpay.  For the purposes of this agreement, it also includes any electronic or paper form or Payment page the Customer or Merchant has used to make a Payment.

Merchant means the Merchant or Biller, or entity for whom the Merchant acts, to whom Payments are payable or processed using B2Bpay.

Payment (or Payments) in relation to a Customer, means the amounts a Customer pays to a Merchant. For the purpose of this agreement, it also includes any other Payments made by Customers and/or processed by the Customer’s Merchant or B2Bpay.

Payment Processing Fee means any Payment processing or transaction fee applied by B2Bpay and paid by either the Customer or the Merchant.

B2Bpay or us means the program developed by Zenpay Pty Ltd ABN 63 056 881 942 for the processing of Payments.

2. Contract

2.1 These Terms apply to any Customer from the date upon a Payment is processed using B2Bpay.

2.2 These Terms do not operate to vary or affect in any way the meaning, operation and effect of any other contract to which the Customer is a party including, without limitation, the Merchant to which fees Payments are applied and any agreement regulating the use by the Customer of the card or bank Account used by the Customer to make Payments (the “Account”).

3. Your Account

3.1 The Customer is responsible for ensuring that the entity (e.g. bank or other card issuer) issuing their Account will fulfil Payments authorised by the Customer. The Customer is responsible for ensuring that they have authority to nominate the Account used to process Payments.

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

3.3 In order to use the B2Bpay service, the Customer must over 18 years of age, an Australian permanent resident or citizen and be the owner, operator or acting with the authorization of an Australian registered company or association, a sole trader or a partner in a business partnership.  

3.4 The Customer is responsible for ensuring that the Payment or Merchant they are paying is permitted under the terms of the Customer’s Account including prohibitions that card issuers apply to the use of the Account for the payment of finance, debt related or illegal activities. The Customer is not permitted to use the service for Payments related to; adult services, pornography, foreign exchange, share purchases, gambling, investments, mortgage payments, illegal drugs, political donations, wages, payments to the Customer or a related business entity, or any payment which is not a bona fide payment as a result of a legitimate business expense. B2Bpay may apply additional restrictions and may amend this list at any time without notice.

3.5 The Customer is solely responsible for the provision and confirmation of correct Payment details including, but not limited to, Customer details, amount, and Payment reference.  B2Bpay will not be liable for any Payments made in accordance with details provided or selected by the Customer.

 4. Payment Procedures

4.1 The Customer will be deemed to have provided unconditional authorisation for the Account to be debited or charged with Payments when: the date for Payment passes if the Customer has nominated an automatic or future-dated Payment method; the Customer initiates Payment at an electronic or online Payment terminal operated by B2Bpay or the Merchant; the Customer’s Merchant initiates a Payment; the Customer replies to a SMS and/or email Payment service provided by B2Bpay; and/or a Payment is initiated via the B2Bpay website or support centre.

4.2 B2Bpay will not be liable for any fraudulent use of the Account or any of the Payment methods described in paragraph 4.1.

4.3 Regardless of when B2Bpay processes a Payment in accordance with these Terms, the Payment will not be regarded as completed unless and until the entity (e.g. a bank) issuing the Account authorises and settles the Payment according to the settlement arrangements relating to the Payment. B2Bpay will not be obliged to process a Payment authorised under paragraph 4.1 after normal banking transaction times or on a day trading banks are not open for business until the next day upon which trading banks or card schemes are open for business.

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

4.5 As a separate, primary and severable liability, you indemnify and must keep B2Bpay indemnified from and against any Claim suffered or incurred by B2Bpay in relation to, in connection with or as a direct or indirect result of any Payment or purported Payment being rejected, invalidated or disputed. It is not necessary for B2Bpay to seek recovery or enforce any right against any other person or incur expense, loss, or damage or make Payment before enforcing a right of indemnity conferred by these terms and conditions.

4.6 The Customer acknowledges that any Payments made under this agreement that are subsequently disputed or reversed or which B2Bpay is required to refund by the entity issuing the Account, will not be forwarded to, or may be recalled from, the Merchant and the Customer will be obliged to remake any such Payment due under the terms of the Customer’s agreement with the Merchant. Should B2Bpay be unable to recall or recover funds that have been disputed or reversed, the Customer is responsible and liable for Payment to B2Bpay of the outstanding funds.

4.7 B2Bpay will make available a tax invoice complying with GST legislation via the B2Bpay website.

5. Cancellation or Stopping Payments

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

5.2 The Customer acknowledges that any Payments received by B2Bpay (other than any Payment Processing Fee and other fees charged directly by B2Bpay) are remitted by B2Bpay to the Merchant and, accordingly, any Payments that exceed the amount due by the Customer to Merchant must be recovered directly by the Customer from the Merchant. The Customer releases and indemnifies B2Bpay from and against any dispute or claim arising from any Payment that is not actually due and/or payable. The Payment Processing Fee and other fees charged directly by B2Bpay are not refundable under any circumstances.

5.3 The Authorisations will be deemed to continue unless and until the Customer updates their online Payment details or notifies B2Bpay in writing that they are withdrawn (a “Cancellation Notice”). A Cancellation Notice may not be effective until five business days has elapsed from the date B2Bpay receives it.

5.4 B2Bpay can terminate or limit the Payment arrangements contained in these Terms at any time with or without notice to the Customer.

5.5 The Customer acknowledges and agrees that B2Bpay has no involvement in, and no responsibility or liability for, the supply or delivery of goods or the performance of services between the Merchant and the Customer and as such, the Customer agrees that all queries, disputes or refund requests in relation to these goods or services will be taken up directly with the Merchant. The Customer further agrees not to request any bank or card issuer to stop, withdraw, dispute or refund any amount processed using the Customer’s Account. The Customer indemnifies B2Bpay from any direct or subsequent loss, including administration and recovery costs, as a result of the Customer not following this terms of this schedule.

6. Privacy

6.1 B2Bpay will collect, use and store any of your personal information in accordance with B2Bpay’s privacy policy (as varied from time to time). Full particulars of this policy are provided with these Terms and can be viewed on the B2Bpay website www.B2Bpay.com.au Without limiting the operation of the B2Bpay privacy policy, the Customer expressly authorises B2Bpay to disclose any of the Customer’s personal or Payment information to the Merchant and any other person nominated by the Merchant or to any bank, card issuer, Payment processor, rewards or loyalty program, or service provider used by B2Bpay to operate B2Bpay. B2Bpay may use the personal information collected for the provision of service or marketing information to the Customer or the Merchant. B2Bpay will use the information provided for the purpose of identifying the Customer.

7. Variations and Amendments

7.1 B2Bpay may vary, delete or add (a “Change”) to these Terms (including the Payment Processing Fee and other fees) at any time. Any Change will be effective from the date B2Bpay implements or posts the Change on the B2Bpay website or sends notice of the change by email or by postal mail. B2Bpay may not notify the Customer in any other way of any Change. A notice given by B2Bpay under this paragraph will be effective on the day after it is posted. If the Customer wishes to vary any Customers’ Information (including any Authorisations), the Customer must execute and deliver a change notice by contacting B2Bpay in writing.

8. Reward programs

8.1 B2Bpay may provide, directly or through third parties, the ability for Customer to earn reward points or other benefits as a result or Eligible Payments with B2Bpay.  In addition, B2Bpay may provide the ability for a Customer to redeem and/or transfer any earned reward points or additional benefits to a linked loyalty program.

8.2 The Customer acknowledges that B2Bpay has not made any warranty in relation to the benefits, if any, that may accrue to the Customer from making Payments by using the Account or any loyalty program. The Customer acknowledges that the existence or extent of benefits (including but not limited to reward points or interest free days) from using the Account or loyalty program will depend on the terms and conditions upon which the Account or loyalty program is issued to the Customer.

8.3 In addition to benefits that may be provided to a Customer by using the Account (e.g. points provided by a bank or card issuer), B2Bpay may provide reward points or additional benefits to the Customer for Eligible Payments made by the Customer. 

8.4 Any points provided by B2Bpay within B2Bpay and not redeemed will expire 24 months after the earning of those points.

8.5 B2Bpay retains the right at any time to alter or cancel the terms of any reward points or benefit provided by B2Bpay including the right at any time to reverse or withdraw reward points or other benefits that have been provided to a Customer. This change will effective from the date nominated by B2Bpay and may amend reward points or benefits already earned by a Customer.

9. Qantas Business Rewards

9.1 Qantas Business Rewards is a rewards and loyalty program operated by Qantas Airways Limited (‘Qantas’) ABN 16 009 661 901. Members of the Qantas Business Rewards Program who purchase specified goods and/or services (Qantas Business Rewards Members) are able to earn Qantas Points which may be redeemed in accordance with the Qantas Business Rewards Program Terms.

9.2 B2Bpay is partner of Qantas Business Rewards and Customers can earn Qantas Points by using B2Bpay as follows:
- 1 Qantas Point for every $7 paid by card to the Australian Taxation Office;
- 1 Qantas Point for every $10 paid by card to other billers;
- 1 Qantas Point per $3 paid to billers by bank account, and
- up to 3 Qantas Points per $1.50 paid to B2Bpay Bonus Billers.
See B2Bpay website for a list of current B2Bpay Bonus Billers.

9.3 A business must be a Qantas Business Rewards Member to earn Qantas Points for business. A one-off join fee of $89.50 including GST normally applies, however this will be waived for B2Bpay Customers who use this url: http://www.qantasbusinessrewards.com/b2bpayfree. Membership and Qantas Points are subject to the Qantas Business Rewards Terms and Conditions which are available at: https://www.qantasbusinessrewards.com/terms.

9.4 In addition to the points details in 9.2, new Customers can receive additional Bonus Qantas Points based on ‘sign up offers’ that as may be detailed from time to time on the B2Bpay website or communicated separately.

9.5 B2Bpay and Qantas may provide opportunities for Customers to earn Qantas Points. Additional terms may apply to these Points earning opportunities.

9.6 Qantas Points earned by using B2Bpay will be credited to the Qantas Business Rewards Members' Business Rewards Account within 90 days of the eligible spend. Customers must ensure the ABN registered with Qantas Business Rewards is saved in the B2Bpay Customer profile or entered online on the B2Bpay website when paying in order to earn Qantas Points. Qantas Points cannot be subsequently awarded.

9.7 These terms as they relate to the Qantas Business Rewards program should be read in conjunction with the terms detailed about in clause 8.

10. Miscellaneous

10.1 The Customer is liable for any and all taxation implications relating to the Customer's participation in any rewards or loyalty program which may result in the Customer receiving reward points or other benefits as a result of using B2Bpay and / or an Account.

10.2 B2Bpay and any linked rewards or loyalty program shall not be responsible and shall not have any liability for any income tax or fringe benefits tax or other tax arising from a Customer’s usage of B2Bpay.

10.3 The Customer acknowledges that B2Bpay is not responsible for the payment of late payment fees or other any charges applied by a Merchant arising from a Customer’s usage of B2Bpay regardless of why the fee was applied.