Third Party Direct Debit Authority Request

EziDebit Pty Ltd  |  GoCardless Ltd

EziDebit Pty Ltd

Conditions of this Authority to Accept Direct Debits

The Initiator:

a) The initiator undertakes to give notice to the acceptor of the commencement date, frequency and amount at least 10 calendar days before the first Direct Debit is drawn (but not more than 2 calendar months). This notice will be provided either:

i) in writing: or

ii) by electronic mail where the customer has provided written consent to the initiator.

Where the Direct Debit system is used for the collection of payments which are regular as to frequency, but variable as to amounts, the initiator undertakes to provide the acceptor with a schedule detailing each payment amount and each payment date. In the event of any subsequent change to the frequency or amount of the Direct Debits, the initiator has agreed to give advance notice at least 30 days before the change comes into effect.

b) May, upon the relationship which gave rise to this Authority being terminated, give notice to the Bank that no further Direct Debits are to be initiated under the Authority. Upon receipt of such notice the Bank may terminate this Authority as to future payments by notice in writing to me / us.

The Customer may:

a) At any time, terminate this authority as to future payments by giving written notice of termination to the Bank and to the Initiator.

b) Stop payment of any Direct Debit is to be initiated under this authority by the initiator by giving written notice to the bank prior to the Direct Debit being paid by the bank.

c) Where a variation to the amount agreed between the initiator and the customer from time to time to be direct debited has been made without notice being given in terms of clause 1(a) above, request the bank to reverse or alter any such direct debit initiated by the initiator by debiting the amount of the reversal or alteration of a Direct Debit back to the initiator through the initiator’s bank PROVIDED such request is made not more than 120 days from the date when the Direct Debit was debited to my/our account.

The Customer acknowledges that:

a) This authority will remain in force and effect in respect of all Direct Debits passed to my/our account in good faith notwithstanding my/our death, bankruptcy or other revocation of this Authority until actual notice of such event is received by the Bank.

b) In any event this Authority is subject to any arrangement now or hereafter existing between me/us and the Bank in relation to my/our account.

c) Any dispute as to the correctness or validity of an amount debited to my/our account shall not be the concern of the bank except in so far as the Direct Debit has not been paid in accordance to this authority. Any other disputes lies between me/us and the initiator.

d) Where the bank has used reasonable care and skill in acting in accordance with this authority, the bank accepts no responsibility or liability in respect of:

– the accuracy of information about Direct Debits on bank statements – any variations between notices given by the initiator and the amounts of the Direct Debits.

e) The Bank is not responsible for, or under any liability in respect of the initiators failure to give written advance notice correctly nor for the non-receipt or late receipt of notice by me/us for any reason whatsoever. In any such situation the dispute lies between me/us and the initiator.

f) Notice given by the initiator in terms of clause 1(b) to the debtor responsible for the payments shall be effective. Any communication necessary because the debtor responsible for payment is a person other than me/us is a matter between me/us and the debtor concerned.

The Bank may:

a) In its absolute discretion conclusively determine the order of priority of payment by it of any monies pursuant to this or any other authority, cheque of draft properly executed by me/us and given to or drawn on the bank.

b) At any time terminate this authority as to future payments by notice in writing to me/us.

c) Charge it current fees for this service in force from time to time.

Terms and Conditions

Parties

The “Business” means the organisation providing the service for which the Customer is paying.

The “Customer” means the person or party signing this Payment Contract. “Payment Contract” means the Agreement in which the Customer has agreed to pay for the service provided by the Business. Hereafter referred to as the

“Agreement” “Ezidebit NZ Ltd, PO Box 5587, Wellington 6145, New Zealand Phone 0800 394 332 Fax 04 473 6511 Email info@ezidebit.co.nz.

The Customer acknowledges that Ezidebit has been contracted by the Business to collect the payments due under the Agreement in return for having an entitlement to use the services provided by the Business.

Nothing contained in the Payment Contract shall render Ezidebit, the agent of the Business, for any purpose other than the collection of payments due and payable under the Agreement.

You acknowledge that Ezidebit shall not in any way be liable to you for the provision of Services.

For the purpose of the Contracts Privacy Act, you acknowledge that all rights of the Business pursuant to this Agreement may be enforced by Ezidebit, as if it were the Business, without requiring your consent or any involvement on the part of the Business.

Payments

Ezidebit shall administer the collection of payments due by you to the Business. All payments due by you shall be made directly to Ezidebit in the manner specified in the Agreement. It can take up to three (3) days for payments to be processed from your account. Your obligations under this agreement is to ensure sufficient funds remain available to cover the instalment amount specified in this agreement for at least three (3) days after the nominated instalment date.

Administration Fee

Ezidebit shall charge a one off administration fee in addition to your first debit.

Transaction fee

Ezidebit shall charge a transaction fee per direct debit payment deducted from your Account.

Failed Payment Fee

Ezidebit shall debit a failed payment fee of up to $14.95 direct from your account for any payment dishonoured by your bank within 14 days of the payment rejecting.

SMS Fee

Ezidebit shall debit an SMS fee direct from your account for any SMS sent.

Ezidebit Pty Ltd
NZBN 9429035266310

PO Box 5587
Wellington NZ 6145

P: 0800 394 332
F: (4) 473 6511
E: support@ezidebit.co.nz

GoCardless Direct Debit Request Service Agreement

Terms & Conditions

I/We hereby authorise GoCardless Ltd NZBN: 9429046963871, Website: https://gocardless.com/en-nz (Direct Debit identifier number 1220559) (herein referred to as “GoCardless”) to make periodic debits on behalf of the “Business” as indicated on the attached Direct Debit Request (herein referred to as “the Business”).

I/We acknowledge that GoCardless is acting as a Direct Debit Agent for the Business and that GoCardless does not provide any goods or services (other than the direct debit collection services to me/us for the Business pursuant to the Direct Debit Request and this DDR Service Agreement) and has no express or implied liability in regards to the goods and services provided by the Business or the terms and conditions of any agreement that I/we have with the Business.

I/We acknowledge that the debit amount will be debited from my/our account according to the terms and conditions of my/our agreement with the Business and the terms and conditions of the Direct Debit Request (and specifically the Debit Arrangement and the Fees/Charges detailed in the Direct Debit Request) and this DDR Service Agreement.

I/We acknowledge that bank account and/or credit card details have been verified against a recent bank statement to ensure accuracy of the details provided and I/we will contact my/our financial institution if I/we are uncertain of the accuracy of these details.

I/We acknowledge that is my/our responsibility to ensure that there are sufficient cleared funds in the nominated account by the due date to enable the direct debit to be honoured on the debit date. Direct debits normally occur overnight, however transactions can take up to three (3) business days depending on the financial institution. Accordingly, I/we acknowledge and agree that sufficient funds will remain in the nominated account until the direct debit amount has been debited from the account and that if there are insufficient funds available, I/we agree that GoCardless will not be held responsible for any fees and charges that may be charged by either my/our or its financial institution.

I/We acknowledge that there may be a delay in processing the debit if:

(1) there is a public or bank holiday on the day of the debit, or any day after the debit date;

(2) a payment request is received by GoCardless on a day that is not a banking business day in Queensland;

(3) a payment request is received after normal GoCardless cut off times, being 4:00pm Auckland time, Monday to Friday.

Any payments that fall due on any of the above will be processed on the next business day.

I/We authorise GoCardless to vary the amount of the payments from time to time as may be agreed by me/us and the Business as provided for within my/our agreement with the Business. I/We authorise GoCardless to vary the amount of the payments upon receiving instructions from the Business of the agreed variations. I/We do not require GoCardless to notify me/us of such variations to the debit amount.

I/We acknowledge that GoCardless is to provide at least 14 days’ notice if it proposes to vary any of the terms and conditions of the Direct Debit Request or this DDR Service Agreement including varying any of the terms of the debit arrangements between us.

I/We acknowledge that I/we will contact the Business if I/we wish to alter or defer any of the debit arrangements.

I/We acknowledge that any request by me/us to stop or cancel the debit arrangements will be directed to the Business.

I/We acknowledge that any disputed debit payments will be directed to the Business and/or GoCardless. If no resolution is forthcoming, I/we agree to contact my/our financial institution.

I/We acknowledge that if a debit is returned by my/our financial institution as unpaid, a failed payment fee is payable by me/us to GoCardless. I/We will also be responsible for any fees and charges applied by my/our financial institution for each unsuccessful debit attempt together with any collection fees, including but not limited to any solicitor fees and/or collection agent fee as may be incurred by GoCardless.

I/We authorise GoCardless to attempt to re-process any unsuccessful payments as advised by the Business.

I/We acknowledge that certain fees and charges (including setup, variation, SMS or processing fees) may apply to the Direct Debit Request and may be payable to GoCardless and subject to my/our agreement with the Business agree to pay those fees and charges to GoCardless.

COLLECTION OF REPAYMENTS

Engagement of 3rd Party Collector

  1. QUICK COLLECT

MyFi NZ engages the services of a 3rd party collections company called Quick Collect (Quickle NZ Pty Ltd, Company Number:  6852756) to assist in facilitating the direct debit and other repayment processes.

 

You hereby understand and agree that your details will be provided to Quick Collect insofar as required to facilitate repayments under the Loan Agreement.  You also agree to Quick Collect Terms and Conditions that can be found by clicking here.

 

  1. Direct Debit Provider Service Agreements

Quick Collect and MyFi NZ may use 3rd party direct debit providers as part of facilitating a direct debit from your bank account in accordance with the Loan Agreement.

You hereby agree and request the Direct Debit providers listed here (collectively the ‘providers’) to debit your bank account in accordance with all Loan Agreement entered into between yourself and MyFi NZ.  You also confirm that you have read and agree to the standard Direct Debit request terms and conditions for the providers which can be found by clicking here.