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Terms and Conditions*
Please read the following terms and conditions carefully. By purchasing/leasing ECnePOS you agree to these terms and conditions of using ECnePOS.
1. ECnesoft’s Product
You can use ECnePOS subject to these terms and conditions.
You must use ECnePOS only for its intended purpose.
2. No guarantees
ECnesoft does not guarantee that ECnePOS will be accessible at all times, continuous or fault-free. You may experience interruptions to your use of ECnePOS. For example, you will not be able to use ECnePOS during an outage. If you experience interruptions with ECnePOS we recommend you wait and try again later, and if ECnePOS is still unavailable contact customer service support on +61 2 9737 8771 between business hours.
3. ECnesoft network and services
You will not be able to use ECnePOS if the ECnesoft network and/or services used for ECnePOS are (temporarily or permanently) suspended or disconnected. ECnePOS is subject to ECnesoft’s network capacity restrictions. ECnesoft reserves the right to alter ECnePOS without notice to you, including exercising its termination rights under clause 8.
ECnesoft may suspend or restrict your use of ECnePOS at any time and any reason, including if:
a) ECnesoft reasonably believes that network traffic generated by ECnePOS is impairing, interfering with or damaging ECnesoft’s network; or
b) ECnesoft needs to perform maintenance on its network; or
c) ECnesoft need to protect its infrastructure, network or systems; or
d) You fail to comply with clause
4. Conditions of using ECnePOS
You must comply with all applicable laws in using ECnePOS. ECnesoft does not keep records of your usage nor is ECnesoft under an obligation to monitor them. Without limiting clause 12, you indemnify ECnesoft against any liability, loss, damage, costs or expenses incurred or suffered by ECnesoft arising directly or indirectly out of your use of ECnePOS.
5. Charges
Where ECnePOS system is leased, contract term is as mentioned in the agreement. Under leased conditions, at all material times the products remain the property of ECnesoft. Payments and installments payments are to be made on time. Late payment may incur interest charges. Payments must be made electronically to the specified account. Outright payments option attracts software maintenance period of 1 year. Both owner (The person who sign this contract) and the company are responsible of making payments on time. Cancellation within the minimum (2 weeks) contract period results in an outright payment of all the remaining payments normally accrued. Non-payment results in automatic expiration of the products. Any data lost as a result is not ECnesoft’ responsibility. ECnesoft will endeavor to install the products in the specified installation period. If, however, the installation is not completed by that period, the buyer is liable for additional payment. The buyer must pay the seller additional amounts equal to any GST which the seller becomes liable for under or in connection with this contract. These additional amounts are payable at the same time and in the same manner as all other payments.
6. Returns
Goods Sold are on a Non-Refundable basis. Each claim for the return of products by customer will be dealt with in accordance with the Returns Policy. ECNESOFT will not be liable for any damage or defects in the products that have been caused by the improper storage, warehousing or transport, or by any neglect, abuse or improper use, installation, maintenance or unauthorized repair of ECNESOFT Products. The provisions of this clause 6 do not extend to any products which have been added to, varied, or otherwise modified by, any person other than ECNESOFT.
7. Warranties
Certain legislation (such as the Trade Practices Act 1974) may imply into these terms certain conditions and warranties (“Implied Terms”). ECnesoft excludes any implied Terms into these terms and conditions that are capable of exclusion. Warranty does not cover damage to the system or software caused by the buyer, i.e. dropping the hardware, water spillage etc. If any Implied Terms are not capable of exclusion but are capable of limitation, then ECnesoft limits its liability for breach of those Implied Terms to re-supplying you with ECnePOS. ECnesoft expressly excludes all liability to you for any breach of any express term, Implied Term, any other Implied Term or any negligence on the part of any of ECnesoft’s employees, contractors or agents. Monthly services will be provided in accordance with the seller’s schedule. Where the buyer has misused or altered ECnesoft program or installed another program or software that may be detrimental to the maintenance of ECnesoft products ECnesoft will not be liable for any consequential damages and may withdraw products.
8. Privacy
To the extent allowed by the Privacy Act, you consent to ECnesoft obtaining from or providing to any consumer or commercial credit reporting agency information about you for the purpose of:
a) Assessing your application
b) Collecting any overdue payments from you
c) Keeping your information file accurate and up to date as required by the Privacy Act.
The information which may be given to a credit reporting agency includes:
a) Identify particulars and the fact that you have applied for credit and the amount.
b) Payments which become overdue more than 60 days, and for which collection action has commenced, and the advice that the payments are no longer overdue.
c) In specified circumstances, that in the opinion of ECnesoft you have committed a serious credit infringement.
d) Cheques drawn by you that have been dishonored more than once.
You consent to ECnesoft obtaining information about you from, or providing that information to, another credit provider for the purpose of assisting ECnesoft or the other credit provider in assessing any credit application by you, or in administering or enforcing your account with ECnesoft or the other credit provider. If ECnesoft considers it relevant in assessing your application, you consent to ECnesoft obtaining confirmation of your income, employment and residential details. You can access the personal information we hold about you in the manner see out in our Privacy Policy. We use your personal information to process this application, manage and enforce our rights under the lease contract, meet our legal obligations to you and, unless you tell us not to, for direct marketing and promotional purposes. Your information may be disclosed to our contractors on strictly confidential terms. By signing this contract from you agree to your personal information being used and disclosed in the way. By signing this contract you declare the details given by you are true and complete.
9. Terms and variation of ECnePOS
ECnesoft may cease providing ECnePOS for any reason without notice to you. ECnesoft will not be liable for any loss or damage you may suffer resulting from ECnesoft ceasing to provide ECnePOS. Without limiting clause 8.1, ECnesoft may terminate your use of ECnePOS if you breach these terms. If ECnesoft ceases providing you with ECnePOS for any reason under this clause 8, you will still be liable for all outstanding charges in relation to your use of ECnePOS and you will not be entitled to a refund. You consent to allow ECnesoftt or its representative to enter any place where ECnePOS is located, to uninstall and/or remove ECnePOS upon the termination of your use of ECnePOS.
10. Late Payments
If a Total Monthly Rental Payment or any other amount due is not paid in full on time, you are in default and we are entitled to recover liquidated damages on the overdue amount which you agree is a genuine pre-estimate of the actual loss that we will suffer as a result of you being late in any payment to us. In order to collect any overdue payments, your information (the person who sign this contract) may be delivered to credit agency or solicitor.
11. Cancellation of Contract (Rental)
Please inform us one month before the expected cancellation date so that we do not charge the next monthly rental fee. If you cancel this Rental Agreement, we may give you notice terminating this Rental Agreement, and then you must immediately:
a) Pay to us the Termination Amount Calculated in accordance with Clause 10, which amount you agree is a genuine pre-estimate of the loss that we will suffer by reason of your breach and repudiation of this Rental Agreement;
b) Return the Equipment within 2 weeks.
12. Termination Amount (Rental)
The Termination Amount is:
a) Before the Installation – Penalty fee of $2,000.00 will be incurred.
b) After the Installation – Penalty fee will be different depending on remaining months left on the contract
If you have used our system (From the first direct debit Payment),
a. For 1 ~ 6 months Initial Rental Fee *12 months = Total Penalty Fee
b. For 7 ~ 12 months Initial Rental Fee *8 months = Total Penalty Fee
c. For 13 ~ 18 months Initial Rental Fee *3 months = Total Penalty Fee
d. For 19 ~ 24 months Initial Rental Fee *1 months = Total Penalty Fee
13. Change of User (Rental)
Original user should inform ECnesoft at least 2 weeks before new user start using our product. If the new user does not want to use our product, the equipment should be returned within 2 weeks.
14. Changes to these terms
ECnesoft may change these terms and conditions at any time upon notifying you of the relevant change(s). You will be taken to have accepted such change(s) by continuing to use ECnePOS after the date of notification. You may reject the change(s) by discontinuing your use of ECnePOS. You will still be liable for all charges incurred using ECnePOS up to and including the date of the change(s).
15. Liability
Notwithstanding anything to the contrary:
a) ECnesoft will not be liable for any loss, costs, damage, expenses or liability suffered or incurred by you in connection with your use of ECnePOS which arise from circumstances beyond ECnesoft’s reasonable control or from your negligence; and
b) ECnesoft will not be liable to you in respect of any loss or damage however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of your use or inability to use ECnePOS or any failure or omission by ECnesoft to comply with these terms; and
c) You indemnify ECnesoft against any liability, loss, damage, costs or expenses incurred or suffered by ECnesoft arising directly or indirectly out of or in connection with:
i) a breach of these terms by you; or
ii) any act by or omission of you.
16. General
You may not transfer your rights or obligations under these terms without ECnesoft’s prior written consent.
Any failure or delay in exercising a right under these terms does not constitute a waiver of that right unless the right is expressly waived in writing signed by the waiving party.
These terms are governed by the law of New South Wales, Australia.
In the case of another buyer taking over the business and using ECnesoft products already installed, such changes must be notified to ECnesoft before use by the new buyer.
Customer Direct Debit Authority*
My authority to Ezypay to direct debit my account
1. I authorise Ezypay to:
• make periodic direct debits of my account for the Principal’s fees;
• make periodic direct debits of my account for Ezypay’s fees and charges including:
– Ezypay’s fee for the direct debit service;
– Ezypay’s fee for securely maintaining my data;
– Ezypay’s fee for establishing my account; and
– Ezypay’s fee in the event that I fail to meet a periodic direct debit;
• make the periodic direct debits in accordance with:
– the payment arrangement for the Principal’s fees outlined in Section B;
– Ezypay fees and charges as published on the Ezypay website;
– these Terms and Conditions; and
– any agreement between Ezypay and the Principal.
2. I will:
• refer any disputed debit item or amount to the Principal.
My acknowledgment of who the parties are and what they do:
3. The Principal is:
• the organisation referred to as Principal on the front of this Direct Debit Request Form; and
• the provider of goods or services to me.
4. Ezypay is:
• the direct debit agent of the Principal;
• the organisation which debits my account and keeps my data secure; but
• not otherwise a provider of goods or services to me.
5. Ezypay will not:
• have any express or implied liability in relation to goods or services provided by Principal; or
• have any obligation to provide a tax invoice to me for
its fees and charges.
6. There are separate Agreements between:
• Ezypay and me (recorded in this document);
• the Principal and me; and
• the Principal and Ezypay.
My acknowledgment of when Ezypay may terminate this Direct Debit Authority
7. Ezypay may:
• terminate this Direct Debit Authority and cease to provide the direct debit service at any time by written notice sent by mail or email.
My acknowledgment of when I may terminate this Direct Debit Authority and what may happen.
8. I may:
• terminate this Direct Debit Authority by providing seven (7) days written notice to Ezypay.
9. If I give notice to terminate this Direct Debit Authority, Ezypay may:
• make any periodic direct debits due within the seven (7) days notice period.
10. If a Direct Debit Authority is terminated by either party,
• any contracts, agreements or payment obligations I have with the Principal will not be affected.
My authority for the amount of the periodic direct debits of the Principal’s fees to be varied
11. I authorise the Principal to:
• vary the amount, frequency and date of the periodic direct debits of its fees from time to time; and
• vary the periodic direct debits of its fees in accordance with my agreement with the Principal;
Provided that:
• the Principal makes reasonable attempts to provide prior notice to me.
12. I authorise Ezypay to:
• vary the amount, frequency and date of the periodic direct debits of the Principal’s fees from time to time
if instructed by the Principal;
Provided that:
• Ezypay is not on notice that the Principal has not made reasonable attempts to provide prior notice to
me; and
• Ezypay is not on notice that the variation is not otherwise in accordance with my agreement with the Principal.
My authority for the amount of the periodic direct debits of Ezypay’s fees and charges to be varied
13. I authorise Ezypay to:
• increase the rates of its fees and charges without prior notice on the 30th June of each year by CPI or 5%, whichever is greatest.
14. Ezypay will not:
• increase the rates of its fees and charges by more than CPI or 5% or at times other than 30 June,
Unless:
• Ezypay makes reasonable attempts to provide prior notice to me in time for me to terminate this Direct
Debit Authority.
My acknowledgement of what may happen if the amount of the periodic direct debit is varied
15. If Ezypay, in compliance with these Terms and Conditions, varies the amount of the periodic direct debit,
• Ezypay will do so without requiring a signed agreement; and
• Ezypay will do so without requiring a new Direct Debit Request Form.
My acknowledgment of when these Terms and Conditions may be varied
16. Ezypay may:
• vary these Terms and Conditions by posting a new version on its website.
17. Ezypay will not:
• notify the amended Terms and Conditions other than
on its website; or
• use this method to vary the amount of the periodic direct debits.
18. I will:
• check Ezypay’s website from time to time for variations to these Terms and Conditions.
19. Any amended Terms and Conditions will apply to Ezypay and I if:
• Ezypay posts the amended version on its website;
• 14 days after posting, I have not objected; and
• 14 days after posting, I have not terminated the Direct Debit Authority.
My acknowledgment of my responsibility in relation to periodic direct debits
20. I must:
• inform Ezypay or the Principal of any changes to my account;
• inform Ezypay or the Principal of any changes to my contact details;
• do all things reasonably necessary to facilitate the periodic direct debiting of my account in accordance with these Terms and Conditions;
• have a suitable account available for the periodic direct debits; and
• have sufficient funds available in my account for the periodic direct debits.
My acknowledgment of what may happen if I have insufficient funds
21. If I do not have sufficient funds in my account for the periodic direct debits and I do not have a genuine dispute with the Principal or Ezypay,
Ezypay may:
• charge me a failed payment fee for each unsuccessful debit;
• charge me the failed payment fee at the rate published on the Ezypay website from time to time;
• charge me the failed payment fee even though I have also been charged a fee by my financial institution;
• charge me collection fees;
• charge me legal fees; and
• in conjunction with the Principal, implement re-debit measures to recover any outstanding amounts.
22. Ezypay will not:
• be liable for any fees or charges which arise because I had insufficient funds in my account; or
• provide any information or explanation regarding unsuccessful debits of my account.
23. I must:
• direct any enquiries about unsuccessful debits of my account to my financial institution.
My acknowledgment of what may happen if I claim a refund
24. If I claim a refund,
• Ezypay will not be under any obligation to pay it;
• however, Ezypay will conduct itself in accordance with its Refund Policy.
Variations to debit amounts due to external factors My acknowledgment of when a delay might occur
25. A delay may occur in the processing of a periodic direct debit if:
• there is a public or bank holiday on the day or the day after a payment is due to be made by direct entry;
• a payment is received either on a day which is not a banking business day or after the normal close of business on a banking business day;
• Ezypay does not receive the Direct Debit Request Form in time to process the request prior to the first
due periodic direct debit;
• Ezypay does not receive a request for variation in time to process the request prior to the next due periodic direct debit;
• information supplied on a Direct Debit Request Form or any requested variation is incomplete, incorrect,
illegible or, for any other reason, does not allow Ezypay to process the information promptly;
• I do not meet my responsibility to have sufficient funds available in my account; or
• there are failures or difficulties with technology.
My acknowledgment of what Ezypay will and will not do in relation to variations with periodic direct debits
26. Ezypay will:
• make reasonable attempts to minimise any variance to amounts of periodic direct debits affected by exchange rate fluctuations; and
• make reasonable attempts to minimise any variance to amounts of periodic direct debits affected by
factors within its control.
27. Ezypay will not be responsible or liable for any variance to or shortfall to debit amounts of periodic direct debits caused by:
• exchange rate fluctuations;
• delay as referred to above;
• external factors beyond the control of Ezypay;
• the date on which a periodic direct debit is processed by Ezypay’s Sponsoring Financial
Institution; or
• the timing of when a periodic direct debit is requested and processed.
28. Ezypay will not be liable for any faults in the direct debiting of my account caused by:
• fraudulent activity;
• security hacking;
• environmental disasters;
• failure of technology systems used by Ezypay;
• any fault in the technology systems used by Ezypay for direct debiting; or
• any delay or interruption caused by the technology systems used by Ezypay to facilitate direct debiting.
My authority for Ezypay to communicate with me:
29. I authorise Ezypay to communicate with me to:
• validate and confirm my identify;
• validate and confirm my bank account details;
• validate and confirm my authority for periodic direct
debits;
• assist the Principal to service and promote its products; and
• promote third party products.
Ezypay may:
• provide specific customer access on its website;
• communicate with me by all other available means;
• advertise related and unrelated products on its website;
• inform me of products, services or special offers relating to the provision of its direct debit service and other related financial service products;
• inform me of products, services or special offers for third party products whether related to Ezypay services or not; and
• notify me in the event of termination of the agreement between Ezypay and the Principal.
My authority to Ezypay to service my account:
30. I authorise Ezypay to:
• verify the details of my account with my financial institution;
• release personal information about me to assist a debt collection agency to recover any outstanding payment from me; and
• release such information as is reasonably required by my financial institution in relation to an incorrect or wrongful debit.
31. I authorise my financial institution to:
• release such information to Ezypay as is necessary to allow Ezypay to verify my bank account details.
I acknowledge that:
• if any of these Terms and Conditions or any part of them is illegal or invalid, then only those terms and conditions or that part of them will be void and the remainder will remain in full force and effect.
32. I acknowledge that
Ezypay may:
• charge a data handling fee of up to $3.00 inclusive
of GST payable quarterly.
• charge the data handling fee, payable for the quarter
prior, in October, January, April, and July each year.
I acknowledge that the Ezypay Pty Limited Privacy Policy
and Refund Policy can be found at www.ezypay.com.au.
EZYPAY PTY LTD –
Locked Bag 4003, Chatswood NSW 2057
Phone: 1300 300 553
Fax: (02) 9410 1000
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