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Terms & Conditions
Tenant Terms and Conditions
PropertyPay provides a service for Tenants to make payments to Real Estate Agents. These terms and conditions form part of aTenant Registration Form executed by the Tenant wishing to pay rent to the Tenant’s Real Estate Agent through the service provided by Zenpay Pty Ltd t/a PropertyPay - ABN: 63 056 881 942. 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.
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.
PropertyPay Program or PropertyPay Program or us means the program developed by Zenpay Pty Ltd t/a PropertyPay - ABN: 63 056 881 942 for the processing of payments.
tenant means a person who has an agreement relating to the payment of rent to anAgent, 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 PropertyPay program.
Tenants Registration Form or (TRF) means an agreement between a tenant and us whereby the tenant agrees to participate in the PropertyPay Program.
2.1 These Terms apply to any Tenant from the date upon which PropertyPay 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 PropertyPay 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 PropertyPay in the event of the misuse or unauthorised use of the account by the Tenant and the Tenant must reimburse any such amounts to PropertyPay.
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: PropertyPay receives a “YES” response from the Tenant’s nominated SMS number or email address to a rental reminder initiated by PropertyPay; 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 PropertyPay to initiate a payment; and/or the Tenant or Agent initiates payment via the PropertyPay website or a telephone payment system operated by PropertyPay.
4.2 PropertyPay 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 PropertyPay immediately if the Account is lost or stolen by calling (02) 9556 7556 or such other number as PropertyPay designates [by notice to the Tenant/by posting it on the PropertyPay 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 PropertyPay receives the notice.
4.3 Regardless of when PropertyPay 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. PropertyPay will not be obliged to process a payment authorised under paragraph 4.1 after 5.00 pm 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 PropertyPay 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 PropertyPay of these Terms.
4.5 As a separate, primary and severable liability, you indemnify and must keep PropertyPay indemnified from and against any Claim suffered or incurred by PropertyPay 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 PropertyPay 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 PropertyPay the Convenience Fee identified in the TRF. Any Authorisation under paragraph 4.1 will be deemed to include an Authorisation for PropertyPay 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 bank account payment that the Tenant initiated subsequently being rejected by the Tenant’s bank or another party, the Tenant will pay to PropertyPay a fee (a “Failed Payment Fee”) of $15 (including GST). This Failed Payment Fee will be automatically deducted from the Tenant’s nominated account four days after PropertyPay receives notification of the rejected payment. Should the Failed Payment Fee also become rejected, PropertyPay reserves the right to cancel all payment arrangements immediately. The Failed Payment Fee does not apply to rejected credit card payments.
4.8 Upon the Tenant or Agent requesting PropertyPay by means of a TRF other than the TRF available online to commence payment arrangements using the Tenant’s nominated bank account, PropertyPay may, in order to confirm the legitimacy of the bank 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. The Bank Account Set Up Fee does not apply to Tenants paying by credit card.
4.9 Upon PropertyPay ceasing payment arrangements under clause 5, PropertyPay 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 PropertyPay 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 PropertyPay will issue a tax invoice complying with GST legislation if requested to do so by the Tenant
5. Cancellation or Stopping Payments
5.1 The Tenant is responsible for advising PropertyPay or the Agent if rent ceases to be payable and/or the Tenant wishes to withdraw any Authorisation given (or deemed to be given) according to paragraph 5.3 (an “Authorisation”).
5.2 The Tenant acknowledges that any payments received by PropertyPay (other than the Convenience Fee and other fees charged directly by PropertyPay) are remitted by PropertyPay 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 PropertyPay 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 PropertyPay are not refundable under any circumstances.
5.3 The Authorisations will be deemed to continue unless and until the Tenant notifies PropertyPay or the agent in writing that they are withdrawn (a “Cancellation Notice”). A Cancellation Notice sent to PropertyPay will not be effective until five days has elapsed from the date PropertyPay receives it. A Tenant must execute a new TRF if the Tenant wishes to renew the Authorisations.
5.4 PropertyPay or the agent will, from time to time, publish or make available online a 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 PropertyPay, the information contained in a Change Notice will be deemed to have replaced the information in a TRF (as previously amended) five days after PropertyPay receives a Change Notice.
5.5 PropertyPay can terminate the payment arrangements contained in these Terms at any time by giving notice to the Tenant.
7. Variations and Amendments
7.1 PropertyPay 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 PropertyPay posts the Change on the PropertyPay website. PropertyPay 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.
8.1 The Tenant acknowledges that PropertyPay 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 PropertyPay 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 PropertyPay under this paragraph will be effective on the day after it is posted.