1. Introduction and Purpose
This Direct Debit Request Service Agreement (Terms) outlines your obligations to Oligo Payments Pty Ltd ABN 33 680 598 029 (Oligo, we, us or our) when you undertake Direct Debit arrangements with us. Please keep this document in a safe place for future reference. These Terms apply to you when you enter into a Merchant Agreement with us for the supply of payment services and form part of that Merchant Agreement, together with your Direct Debit Request (DDR) authorisation.
Please ensure you read these Terms before submitting a Direct Debit Request. These Terms should be read in conjunction with your Direct Debit Request and your signed Merchant Agreement with Oligo. By submitting the DDR, you acknowledge that you have received, read and understood these Terms.
2. Definitions and Interpretation
Agreement means the agreement you have with Oligo for the receipt of Oligo’s payment services, including the Merchant Agreement, DDR Service Agreement and any related documents referenced therein.
Banking Day means a day other than a Saturday or a Sunday or a public holiday listed throughout Australia.
Direct Debit means an automatic transaction that transfers money from your account to another.
Direct Debit Request or DDR means the written or online Direct Debit Request with your authorisation to debit funds to debit funds from your Nominated Account.
Financial Institution means the financial institution nominated by you in your Direct Debit Request at which the Account is maintained.
Nominated Account means the account held at your Financial Institution from which we are authorised to arrange for funds to be debited, as nominated in the Direct Debit Request that forms part of your Merchant Agreement (subject to variation in accordance with these Terms).
Merchant Agreement means the agreement entered between you and Oligo under which we agree to provide you with certain payment services (via Acquirer(s) or third-party providers), including the Merchant Application Form and Direct Debit Request submitted and agreed to by you under and in connection with the Merchant Agreement.
You means the Nominated Account holder/s on the DDR who have authorised the Direct Debit Request.
3. Authority to debit your account
3.1. By signing and submitting the Direct Debit Request, you authorise and request Payrix Australia Pty Ltd (ABN: 63 135 196 397) Direct Debit User ID 382220, acting as billing agent, to make periodic debits on behalf of Oligo from your Nominated Account through the Bulk Electronic Clearing System (BECS) in accordance with and subject to the terms of your Direct Debit Request, your Merchant Agreement and these Terms.
3.2. You agree that that you have legal capacity and authority to execute the DDR and are authorised to give Direct Debit instructions on the Nominated Account.
3.3. You acknowledge that Payrix is acting as a Direct Debit Agent for Oligo and that Payrix does not provide any goods or services and has no express or implied liability in regard to the goods and services provided by us or the terms and conditions of any agreement with us.
3.4. If the Debit Day falls on a day that is not a Banking Day, we may direct your Financial Institution to debit your Nominated Account on the following Banking Day. If you are unsure about which day your Nominated Account has or will be debited you should ask your Financial Institution.
3.5. You authorise Oligo to vary the Direct Debit payment amount from time to time as provided for within the Merchant Agreement, and you authorise Payrix to vary the amount of the payments upon instructions from Oligo.
3.6. This Direct Debit Request shall remain in force until further notice in writing and allows for any amount which Oligo payments may property debit or charge you under the Merchant Agreement.
4. Changes to the Agreement
4.1. We may vary any details of these Terms or a Direct Debit Request at any time by giving you at least thirty (30) days written notice.
4.2. You must provide us as soon as possible if your Nominated Account details change or the Nominated Account is closed.
4.3. You may, subject to the terms and conditions of your Nominated Account and your Agreement, cancel or defer a Direct Debit Request, make a change to your Nominated Account number or terminate your Direct Debit Request by providing at least 30 days’ written notification, using the contact details provided under Section 9.
4.4. Alternatively, you can also arrange to suspend and/or cancel your Direct Debit Request through you Financial Institution.
4.5. You acknowledge and agree that the provision of a Direct Debit Request is a condition of your Merchant Agreement. If you terminate your Direct Debit Request with us, we may no longer be able to provide you with the payment services and we may exercise any rights to terminate or suspend your further receipt of payment services that are available to us under the Merchant Agreement.
5. Your Obligations
5.1. You acknowledge and agree it is your responsibility to:
a) Ensure your Nominated Account can accept Direct Debits as direct debiting through BECS is not available on all accounts. If in doubt, you should contact your Financial Institution;
b) Verify your Nominated Account details, which you have provided to us, against a recent bank statement to ensure accuracy of the details provided. If uncertain, you should contact your Financial Institution;
c) Check with your Financial Institution before completing the Direct Debit Request if you have any queries about how to complete the Direct Debit Request;
d) Ensure that there are sufficient cleared funds available in your Nominated Account to allow a debit payment to be made in accordance with the Direct Debit Request. If there are insufficient cleared funds available in your Nominated Account to meet the debit payment, you:
i. May be charged a fee and/or interest by your Financial Institution;
ii. May incur fees payable to Oligo; and
iii. Must arrange for the payment to be made by another method.
5.2. You should regularly check your account statement to verify that the amounts debited from your account are correct.
6. Handling Disputes
6.1. If you believe that there has been an error in debiting your account, you should notify Oligo directly and confirm that notice in writing as soon as possible. We can also contact your financial institution.
6.2. If Oligo concludes that there has been an error, we will arrange for your financial institution to adjust your account (including interest and charges) accordingly.
6.3. If Oligo concludes that there hasn’t been an error, we will respond to your query by providing reasons and any evidence for this finding in writing.
7. Confidentiality of Information
7.1. Oligo will keep any information (including account details) contained in the Direct Debit Request confidential and will make reasonable efforts to keep this information secure from unauthorised use, modification, reproduction, or disclosure of that information. Oligo will only disclose the information:
a) To the extent specifically required by law; or
b) For the purposes of this Agreement (including disclosing information in connection with any query or claim).
8. Notices
8.1. If you wish to notify us in writing about anything relating to this Agreement, you should write to:
Oligo Payments Pty Ltd
Attention: Customer Support
313, 737 Burwood Road
Hawthorn East VIC 3123
Email: support@oligo.com.au
