Rental Rewards – Tenant Terms and Conditions
Rental Rewards provides a service for Tenants to make payments to Real Estate Agents. These terms and conditions form part of a Tenant Registration Form (TRF) executed by the Tenant wishing to pay rent to the Tenant’s Real Estate Agent through the service provided by Zenpay Pty Ltd. ACN 056 881 942 ABN 63 056 881 942 t/a Rental Rewards. By completing and executing the TRF, the Tenant agrees to be bound by the terms and conditions set out below (the “Terms”)
1. Definitions (as used in this agreement)
account means the credit, debit or bank account nominated or used by the Tenant for payment of rent.
Beneficial Owner is a person who has effective control of the Merchant, owns more than 25% of the Merchant, or is a person on whose behalf a transaction is conducted. For the purposes of this agreement and when the entity is a partnership, sole trader, public company, or association, or when there is no Beneficial Owner, this includes an Authorised Representative who is authorised to sign this contract on behalf of the Merchant and who is in a position to assert significant influence over, or substantively stand behind the actions of, the Merchant.
Card (or Account) means the credit, debit or other account nominated or used to make a Payment to you.
Card Scheme means a central payment network (e.g., Visa, Mastercard or American Express) that uses credit and debit cards to process payments.
Card Scheme Rules means the rules, regulations and standards which regulate participants in a Card Scheme.
Real Estate Agent or Agent means the Agent, or a landlord for whom the Agent acts, to whom rent is payable or due. Rent in relation to a tenant, means the rent described in that tenant’s Tenants registration form, being the rent payable or due by that tenant. For the purpose of this agreement, it also includes any other payments made to by tenants and/or processed by the tenant’s Real Estate Agent.
Rental Rewards Program or PropertyPay Program or us means the program developed by Zenpay Pty Ltd (ABN: 71 083 359 684) for the processing of payments.
Tenant means a person who has an agreement relating to the payment of rent to an Agent, or a landlord for whom the Agent acts. For the purposes of this agreement, it also includes any person who registers to pay rent via the Rental Rewards program.
Tenants Registration Form or (TRF) means an agreement between a tenant and us whereby the tenant agrees to participate in the Rental Rewards Program.
2.Contract
2.1
These Terms apply to any Tenant from the date upon which Rental Rewards accepts a Tenant’s TRF.
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 Tenant is a party including, without limitation, the lease to which rent payments are applied and any agreement regulating the use by the Tenant of the credit, charge or bank account identified in the TRF or used to pay rent (the “Account”). These Terms do not oblige the Tenant to use the Account to pay rent or any other amount.
3.Your Account
3.1
The Tenant is responsible for ensuring that the entity issuing the account will make payments authorised by the Tenant in the TRF. The Tenant is responsible for ensuring that they have authority to nominate the account used to process payments.
3.2
Rental Rewards is not responsible or liable in any way for any failure by any entity issuing the Account to remit payments. The Tenant acknowledges that the entity issuing the Account may not permit the use of the account to pay rent. The Tenant is liable for any and all expense, damage or loss incurred by Rental Rewards in the event of the misuse or unauthorised use of the account by the Tenant and the Tenant must reimburse any such amounts to Rental Rewards.
4.Payment Procedures
4.1
The Tenant or Agent will be deemed to have authorised the Account to be debited or charged with the rent and the Convenience Fee described in the TRF when:
Rental Rewards receives a “YES” response from the Tenant’s nominated SMS number or email address to a rental reminder initiated by Rental Rewards; the date for payment of rent passes if the Tenant has nominated ‘Set & Forget’ automatic payments as its payment method in the TRF; the Tenant or Agent initiates payment at an electronic or online payment terminal operated by the Agent; the Tenant requests or Agent Rental Rewards
to initiate a payment; and/or the Tenant or Agent initiates payment via the Rental Rewards website or a telephone payment system operated by Rental Rewards
4.2
Rental Rewards will not be liable for any fraudulent use of the Account or any of the payment methods described in paragraph 4.1. The Tenant must notify Rental Rewards immediately if the Account is lost or stolen by calling (02) 9556 7556 or such other number as Rental Rewards designates [by notice to the Tenant/by posting it on the Rental Rewards website]. A notice given by the Tenant or Agent under this paragraph will be deemed to be a Change Notice cancelling all Authorisations to make payments using the Account five days after Rental Rewards receives the notice.
4.3
Regardless of when Rental Rewards processes a payment in accordance with these Terms, the payment will not be regarded as completed unless and until the entity issuing the Account authorises and settles the payment according to the settlement arrangements relating to the payment. Rental Rewards will not be obliged to process a payment authorised under paragraph 4.1 after 5.00 pm AEST for credit card or 4:30pm for bank account or on a day trading banks are not open for business until the next day upon which trading banks are open for business.
4.4
The Tenant releases and indemnifies Rental Rewards from and against any action claim, loss, proceeding, cost, liability or expense (a “Claim”) suffered or incurred by the Tenant in relation to, in connection with or as a direct or indirect result of any failure by the Tenant to pay rent unless that failure occurs due to a breach by
Rental Rewards of these Terms.
4.5
As a separate, primary and severable liability, you indemnify and must keep Rental Rewards indemnified from and against any Claim suffered or incurred by Rental Rewards in relation to, in connection with or as a direct or indirect result of any payment or purported payment of rent pursuant to your TRF, or in relation to the property the subject of the TRF, subsequently being rejected, invalidated or disputed. It is not necessary for
Rental Rewards 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 Tenant will pay to Rental Rewards the Convenience Fee identified in the TRF. Any Authorisation under paragraph 4.1 will be deemed to include an Authorisation for Rental Rewards or the agent to debit or charge the Account with this convenience fee at the same time as a payment is made under clause
4.7
In the event of a payment that the Tenant initiated subsequently being rejected by the Tenant’s bank / card issuer or another party, the Tenant will pay to Rental Rewards a fee (a “Failed Payment Fee”) of up to $25 (including GST). This Failed Payment Fee will be automatically deducted from the Tenant’s nominated card or bank account four days after Rental Rewards receives notification of the rejected payment. Should the Failed Payment Fee also become rejected, Rental Rewards reserves the right to cancel all payment arrangements immediately.
4.8
Upon the Tenant or Agent requesting Rental Rewards by means of a TRF other than the TRF available online to commence payment arrangements using the Tenant’s nominated bank or card account, Rental Rewards may, in order to confirm the legitimacy of the bank or card account details provided and to cover set-up costs, process a payment (a “Bank Account Set Up” payment) of $1.51 (including GST) to be deducted from the Tenant’s nominated bank account.
4.9
Upon Rental Rewards ceasing payment arrangements under clause 5, Rental Rewards may at its discretion apply a “Cancellation Fee” of $10 (including GST), in order to cover costs associated with ceasing Tenant payment arrangements.
4.10
The Tenant acknowledges that any payments made under this agreement that are subsequently disputed or reversed or which Rental Rewards is required to refund by the entity issuing the account, will not be forwarded to, or will be recalled from, the Agent and the Tenant will be obliged to remake any such payment due under the terms of the Tenant’s agreement with the Agent.
4.11
Rental Rewards will issue a tax invoice complying with GST legislation if requested to do so by the Tenant
4.12
Cleared Funds – The tenant acknowledges that it is his/her/their responsibility to ensure that there are sufficient cleared funds in the nominated account by, and at all times on, the due date of the payment (“Day to Debit”) to enable the direct debit to be honoured on the Day to Debit. The tenant acknowledges and agrees 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 when the debit is attempted, the tenant agrees that he/she/they will be responsible for any fees and charges that may be charged by his/her/their Financial Institution.
4.13
Non-working day – The tenant acknowledges that when the day to debit falls on a weekend or public holiday the debit will be initiated on the next working day.
5.Cancellation or Stopping Payments
5.1
The Tenant is responsible for advising Rental Rewards or the Agent if rent ceases to be payable and/or the Tenant wishes to withdraw any Authorisation given (or deemed to begiven) according to paragraph 5.3 (an “Authorisation”).
5.2
The Tenant acknowledges that any payments received by Rental Rewards (other than the Convenience Fee and other fees charged directly by Rental Rewards) are remitted by Rental Rewards to the Agent and, accordingly, any payments that exceed the rent actually payable by the Tenant must be recovered by the Tenant from the Agent. The Tenant releases and indemnifies Rental Rewards from and against any dispute or claim arising from any Authorised payment of rent that is not actually due and/or payable. The Convenience Fee and other fees charged directly by Rental Rewards are not refundable under any circumstances.
5.3
The Authorisations will be deemed to continue unless and until the Tenant notifies Rental Rewards or the agent in writing that they are withdrawn (a “Cancellation Notice”). A Cancellation Notice sent to Rental Rewards will not be effective until five days has elapsed from the date Rental Rewards receives it. A Tenant must execute a new TRF if the Tenant wishes to renew the Authorisations.
5.4 Rental Rewards or the agent will, from time to time, publish or make available online form (a “Change Notice”) that Tenants can complete to vary any of the information or Authorisations provided by them in a TRF (the “Tenants Information”). A Tenant must complete a Change Notice whenever the Tenant wishes to change the Tenants Information. If the change notice is sent to Rental Rewards, the information contained in a Change Notice will be deemed to have replaced the information in a TRF (as previously amended) five days after
Rental Rewards receives a Change Notice.
5.5 Rental Rewards can terminate the payment arrangements contained in these Terms at any time by giving notice to the Tenant.
6.Privacy
6.1
Rental Rewards will collect, use and store any of your personal information in accordance with Rental Rewards
‘privacy policy (as varied from time to time). Full particulars of this policy are provided with these Terms and can be inspected on the Rental Rewards website www.rentalrewards.com.au. Without limiting the operation of the Rental Rewards privacy policy, the Tenant expressly authorises Rental Rewards to disclose any of the Tenant’s personal information to the Agent and any other person nominated by the Agent.
Rental Rewards will use the information specified on the TRF for the purpose of identifying the Tenant.
7.Variations and Amendments
7.1
Rental Rewards may vary, delete or add (a “Change”) to these Terms (including the Convenience Fee and other fees) at any time. Any Change will be effective from the date Rental Rewards posts the Change on the Rental Rewards website.
7.2
Rental Rewards may not notify the Tenant of any Change. If the Tenant wishes to vary any Tenants’ Information (including any Authorisations), the Tenant must execute and deliver a Change Notice in accordance with paragraph 5.4.
8.Miscellaneous
8.1
The Tenant acknowledges that Rental Rewards has not made any warranty in relation to the benefits, if any, that may accrue to the Tenant from paying rent by using the Account. The Tenant acknowledges that the existence or extent of benefits from using the Account may depend on the terms and conditions upon which the Account is issued to the Tenant.
8.2
Any notice required to be given by Rental Rewards or the Tenant can be given by the sender posting the relevant information to the SMS, email or postal address specified by the recipient on the TRF (as amended by any Change Notice). A notice given by Rental Rewards under this paragraph will be effective on the day after it is posted.
9. Card Scheme & Payment Account Provisions
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9.1 Tri-Party Agreement
You acknowledge that due to Card Scheme Rules, where your card volumes exceed, or are reasonably expected to exceed, $1,000,000 per annum with either Visa or Mastercard:
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1. you may be required to enter into a Tri-Party agreement, that will be provided to you, between you, the acquirer and us in respect of all card transactions processed by the third-party acquirer that will be mentioned in the Tri-Party agreement; and
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2. we will be the provider of the services to you.
Direct Debit Service Agreement
You enter into this agreement to request and authorise ZenPay Pty Ltd ABN 63 056 881 942, trading as Rental Rewards, and Zepto Payments Pty Ltd (User ID #600993) or Westpac (User ID: #543117) on behalf of the Payment Initiator (ZenPay) to arrange through its own financial institution, to credit and debit from your nominated account(s) any amount the Payment Initiator has deemed payable by you.
This is your Direct Debit Service Agreement with ZenPay Pty Ltd t/a Rental Rewards ABN 63 056 881 942. It explains what your obligations are when undertaking a bank account Direct Debit arrangement with us. It also details what our obligations are to you as your Direct Debit provider. Please keep this agreement for future reference. It forms part of the terms and conditions of your Direct Debit Request (DDR) and should be read in conjunction with your DDR authorisation and our terms and conditions.
Definitions
- account means the account held at your financial institution from which we are authorised to arrange for funds to be debited.
- agreement means this Direct Debit Request Service Agreement between you and us.
- banking day means a day other than a Saturday or a Sunday or a public holiday listed throughout Australia.
- merchant means the merchant that payments are forwarded to.
- debit day means the day that payment by you to us is due.
- debit or payment means a particular transaction where a debit is made.
- direct debit request means the Direct Debit Request between us and you.
- us or we means Rental Rewards, (the Debit User) you have authorised by requesting a Direct Debit Request.
- you means the customer who has signed or authorised by other means the Direct Debit Request.
- your financial institution means the financial institution nominated by you on the DDR at which the account is maintained.
1. Debiting your account
1.1 By signing a Direct Debit Request or by providing us with a valid instruction, you have authorised us to arrange for funds to be debited from your account. You should refer to the Direct Debit Request and this agreement for the terms of the arrangement between us and you.
1.2 We will only arrange for funds to be debited from your account as authorised in the Direct Debit Request. Or We will only arrange for funds to be debited from your account if we have sent to you in the Direct Debit Request, a billing advice which specifies the amount payable by you to us and when it is due.
1.3 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.
2. Amendments by us
2.1 We may vary any details of this agreement or a Direct Debit Request at any time by giving you at least fourteen (14) days written notice.
3. Amendments by you
You may change, stop or defer a debit payment online, or terminate this agreement by providing your merchant or us with at least 3 days notification by writing to: Rental Rewards, Reply Paid 79683, Balmain, NSW 2041 or by telephoning us on 02 9556 7590 during business hours; or arranging it through your own financial institution, which is required to act promptly on your instructions.
4. Your obligations
4.1 It is your responsibility to ensure that there are sufficient clear funds available in your account to allow a debit payment to be made in accordance with the Direct Debit Request.
4.2 If there are insufficient clear funds in your account to meet a debit payment:
(a) you may be charged a fee and/or interest by your financial institution;
(b) you may also incur fees or charges imposed or incurred by us (up to $25 in failed payment fee); and
(c) you must arrange for the debit payment to be made by another method or arrange for sufficient clear funds to be in your account by an agreed time so that we can process the debit payment.
4.3 You should check your account statement to verify that the amounts debited from your account are correct.
5. Dispute
5.1 If you believe that there has been an error in debiting your account, you should notify us directly on 02 9556 7590 and confirm that notice in writing with us as soon as possible so that we can resolve your query more quickly. Alternatively, you can take it up directly with your financial institution.
5.2 If we conclude as a result of our investigations that your account has been incorrectly debited, we will respond to your query by arranging for your financial institution to adjust your account (including interest and charges) accordingly. We will also notify you in writing of the amount by which your account has been adjusted.
5.3 If we conclude as a result of our investigations that your account has not been incorrectly debited, we will respond to your query by providing you with reasons and any evidence for this finding in writing.
6. Accounts
You should check:
(a) with your financial institution whether direct debiting is available from your account as direct debiting is not available on all accounts offered by financial institutions.
(b) your account details which you have provided to us are correct by checking them against a recent account statement.
(c) with your financial institution before completing the Direct Debit Request if you have any queries about how to complete the Direct Debit Request.
7. Confidentiality
7.1 We will keep any information (including your account details) in your Direct Debit Request confidential. We will make reasonable efforts to keep any such information that we have about you secure and to ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information.
7.2 We will only disclose information that we have about you:
(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. Notice
8.1 If you wish to notify us in writing about anything relating to this agreement, you should write to:
Rental Rewards, Reply Paid 79683 Balmain, NSW 2041
8.2 We will notify you by email, via an online post or by sending a notice in the ordinary post to the address you have given us in the Direct Debit Request.
8.3 Any notice will be deemed to have been received on the third banking day after posting.
Rental Rewards, Reply Paid 79683 Balmain NSW 2041. (02) 9352 7590
Direct Debit Request
You request and authorise ZenPay Pty Ltd ABN 63 056 881 942, trading as Rental Rewards, and Zepto Payments Pty Ltd (User ID #600993) or Westpac (User ID: #543117) on behalf of the Payment Initiator (ZenPay) with whom you have a direct debit agreement, to arrange through its own financial institution, to credit and debit from your nominated account(s) any amount the Payment Initiator has deemed payable by you.
This debit or charge will be made through the Bulk Electronic Clearing System (BECS) from your account(s) held at the financial institution you have nominated and will be subject to the terms and conditions of the Direct Debit Request Service Agreement available on www.rentalrewards.com.au. These parties listed above do not accept any liability for the provision, merchantable quality or fitness for purpose of the underlying goods or services provided to you by the Payment Initiator and/or merchant and therefore you hold these parties harmless for any claim that may arise from the non-provision of services by the Payment Initiator and/or merchant or any other claim that may be made against the Payment Initiator and/or merchant under Consumer Law.