Agreement: means this document and the associated terms and conditions.
Beneficial Owners: means an individual or in the case of a business that individual that owns 25% or greater of the Payee.
Card Scheme: means Visa or MasterCard or any other Card Scheme with whose Card Scheme rules We are obliged to comply with.
Card Scheme Rules: means the rules and regulations which regulate participants in the Card Schemes.
Chargebacks: means those card payments disputed by a cardholder to their card issuer and notified to You by Us.
KYC Validation: means the process by which We validate that the identities of the Beneficial Owners of the Payee to ensure We are compliant to relevant Anti-Money Laundering and Counter Terrosim Financing (AML/CTF) requirements of Our Payment Facilities Provider and regulators within the countries We operate within.
Merchant Application: means that document completed by You either in paper form or online applying for the Service.
Nominated Account: means that card nominated by You for processing of Adjustments.
Nominated Settlement Date: means that date when the funds are either cleared, the goods and services are deemed to be supplied or as agreed by Us based upon Your conditions of supply.
Payee: means those individuals or businesses that provide goods and services to a Payer and have an agreement with Us to use Our Services to assist in the collection of their fees and charges on their behalf.
Payer: means those individuals or businesses that have an agreement with Us to use Our Services to pay a Payee for their goods or services.
Payment Card Industry Data Security Standards (‘PCI DSS’): means that standard mandated by the Card Schemes for the protection of Cardholder details, Transaction information, and any additional or replacement standards of which We advise You from time to time.
Payment Facilities Provider: means those organisations, including banks, that supply the underlying payments facilities purchased by Us and used to supply Our payments Services to You.
Payment Request: Your authorisation for Us to direct debit Your nominated Scheme Card or bank account.
Reseller: means that organisation that supplies to You the operational business software used to embed the payment Service where that organisation has an arrangement with Us to promote the Service.
Service: means the card payments processing and settlement facilities supplied by Us used by You to collect fees and charges due to You from the Payer.
Service Fee: means the fees charged to You to use the Service provided by Us. The Service Fee is not the fees and charges charged by You to the Payer.
Settlement Account: means that bank account nominated by You within the Merchant Application for the receipt of cleared payment settlements.
You/Your: means the individual or company identified in this Agreement and or the Merchant Application completed by You . It is also the Payee.
Us/We/Our: refers to Secure Travel Payments
The Agreement sets out the terms and conditions on which We provide the Service to You. By signing or indicating acceptance of the Merchant Application or otherwise accessing or using the Service You agree to accept this Agreement and its associated terms and conditions.
You acknowledge this Service is provided by Us and it is optional. The Service is not intended to restrict a Payer from making payments to You via other methods.
You acknowledge that this Service allows You to only receive payments from those Payers that have accepted Our Payer Terms and Conditions at point of payment.
You agree to be bound by the terms and conditions of this Agreement once You have been advised in writing that Your Merchant Application to be a Payee has been approved.
We may vary these terms and conditions inclusive of the Service Fees with 14 days notice by email to the contact details supplied by You in the Merchant Agreement. The updated terms and conditions will be displayed on Our website (www.Secure Travel Payments.com). You shall be deemed to have accepted any variations or amendments unless You inform us in writing at support@Secure Travel Payments.com of Your refusal to accept the variation or amendment within 14 day of its publication. If You refuse to accept the variation or amendment We will terminate this Agreement and may at Our sole discretion enter into a new Agreement with You.
You must Immediately notify Us of:
Unless approved by Us:
We make available to You the ability to receive payment for goods and services (supplied by You to Your Payers).
The payments types We support are as follows:
The transaction types We support are as follows:
We facilitate (at Our sole discretion), the processing of Your payments, via whichever of Our business entities, in whichever country, that is best suited to clear Your payments.
The features and functionality may change and You will be advised of any changes relevant to Your Service.
We facilitate the settlement of the payment to You (net of Our Service Fees or any refunds or adjustments) utilising the details registered by You within the completed Merchant Application.
We will allow You to process payments as soon as You have completed the Merchant Application and it has been approved, but settlements will not occur until You have completed Our KYC Validation processes. See Clause 11.
Settlements will be credited to Your nominated Settlement Account within 1-3 days of Your Nominated Settlement Date.
We may from time to time debit or credit You any adjustments in respect of payment transactions made due to:
The adjustments will either be processed by offsetting against Your settlement or by debiting Your Nominated Account.
From time to time payments from a Payee will be declined or dishonoured by their card issuer. These payments will be notified to You by Us.
You may need to initiate a catch up payment with Your Payer once they have resolved the reason for the dishonor or decline. Catch up payments can be initiated via the Resellers website or operational software or by contacting Your Payer.
If in the rare instance a dishonoured payment has been notified to Us after it has been credited to Your nominated Settlement Account We will notify You of the dishonour by email and reverse the payment the following banking day either offsetting from Your settlement or debiting from Your Nominated Account.
Card payments can not be stopped or voided once processed and settled, they can only be refunded. Refunds can take upto 5 days to be received by the Payer depending on the card issuer. Payments that have not yet been settled can be voided. Any scheduled payments can be voided, stopped or deferred before processing by accessing the Reseller website or their operating business software.
Once the service has been supplied and You have received the settlement for the payment, You will only be able to issue a refund to the cardholder by contacting Us directly at support@Secure Travel Payments.com.
Once the agreement has been accepted and/or signed by You, You will be able to start processing transactions from Payers. We will only disburse the funds once You have completed Our KYC Verification process. If You have not supplied the documentation necessary to complete this KYC Verification within 21 days of the agreement being signed, or if Your account accumulates AUD$50,000 in value, We will temporarily suspend Your Service until Your KYC Verification is complete. In the event that You fail Our KYC Verification We will refund all charges back to the cardholder. It will then be Your responsibility to collect the funds from the Payer.
Our Service electronically captures, verifies and validates the Payer’s payment details and their authority to pay You against standard card issuer verification databases.
Although We follow stringent authorisation processes on a Payer’s payment We do not guarantee:
It is Your responsibility to ensure that the capture, verification, validation and authorisation processes We undertake are sufficient for You to supply Your goods and services. In some cases You may be required to undertake additional verification and authorisation steps to meet Your commercial, legal or regulatory requirements of supply.
Payments processed and settled into Your Settlement Account is on the basis that You have provided goods and services as agreed with the Payer.
If there is a dispute by the Payer that You either:
We will request and You will supply within 2 business days proof of supply and authorisation. Proof may include, but not limited to:
Upon notification of a Chargeback by Our Payment Facilities Provider We will notify You immediately and hold those funds under dispute until the resolution process is completed.
This proof will be supplied by Us to Our Payments Facility Providers. If this proof is rejected by Our Payments Facilities Providers as not acceptable We will notify You of the failed dispute by email and either net the Chargeback and associated Chargeback fees from Your next settlement or debit the Chargeback and fees from Your Nominated Account. You will need to recover the payment from Your Payer via other means.
Chargebacks can occur up to 180 days from the date of supply. It is therefore necessary to keep and record proof and authorisation for at least 180 days from supply.
If Your goods and service are regularly disputed We will officially inform You of the need to rectify the issues causing these disputes. If these issues are not rectified We may at Our sole discretion suspend or terminate Your agreement with Us.
We reserve the right to hold settlement funds in cases We are awaiting the result of ongoing chargeback claims, or if we have reason to believe there are upcoming chargebacks going to be filed against You.
We are a facilitator of the transfer of value from the Payer to You, the Payee, under the Payers authorisation. We do not guarantee the Payer will pay and We will not be liable for the costs associated with the recovery of any debt incurred including:
A payment is Invalid if:
Although Our Services removes a portion of Your PCI DSS compliance efforts You acknowledge and agree that:
Subject to the provisions of this agreement, You:
Either You or We may end this agreement by giving the other 30 days written notice. The notice does not need to state the reason for ending this agreement.
The ending of this agreement does not affect any of Your or Our rights and obligations that arose before it ended
We may end this agreement immediately with or without notice if:
19.GST
The provisions of this clause applies only where a supply under this Agreement constitutes a taxable supply under the appropriate GST regulations in the country where the payments were processed. Except as otherwise provided by this clause, all consideration payable under this Agreement in relation to any supply is exclusive of GST.
To the extent that any supply under this Agreement constitutes a taxable supply, the consideration payable by You to Us will be increased by the applicable amount of GST, which shall be calculated by multiplying the amount upon which GST is payable by the prevailing rate of GST.
We must provide to You a valid Tax Invoice at or prior to the time of payment of any GST Amount.
To the extent that any adjustment occurs in relation to a Taxable Supply, We must issue an Adjustment Note to You within 7 days of becoming aware of the Adjustment and any payment necessary to give effect to such Adjustment must be made within 7 days after the date of receipt of the Adjustment Note.
We will:
We indemnify You and agree to keep You indemnified, against any losses that You may suffer or incur (either directly or indirectly) which arise out of a breach by Us of any of its obligations under this privacy obligation.
Full details of Our privacy policy can be found at https://Secure Travel Payments.com/privacy-policy/.
Except as expressly provided to the contrary in this Agreement, all terms, conditions, warranties, undertakings, inducements or representations whether expressed, implied, statutory or otherwise, relating in any way to the Services or to this Agreement are excluded.
Without limiting the generality of the preceding sentence, We shall not be under any liability to You in respect of any loss or damage (including consequential loss or damage) however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the failure or omission of Us to comply with its obligations under this Agreement.
Where any Act of Parliament implies in this Agreement any term, condition or warranty that the Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in this Agreement. However, the liability of Us for any breach of such term, condition or warranty shall be limited, at Our option, to:
You warrant that You have not relied on any term, condition, warranty, undertaking, inducement or representation made by or on behalf of Us which has not been stated expressly in this Agreement or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material produced by Us.
This Agreement will be governed by and construed according to the laws of Australia and/or New Zealand. The parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts and tribunals of Australia and waive any right to object to proceedings being brought in those courts or tribunals.
Fees, charges, adjustments, Chargebacks and invalid payments will be either netted off Your settlements or debited from the Nominated Account.
Drawing arrangements
The drawings under this Payee Service Request will occur:
We will give You 14 days notice in writing of any changes to the initial drawing arrangements.
If You wish to discuss or dispute the notified changes with Us then email support@SecureTravelPayments.com and We will get back to You within 48 hours.
Your rights as a Payee
Changes to the arrangement
If You want to make changes to the drawing arrangement email Us on support@SecureTravelPayments.com with a request for change. Changes may include:
We will reply to Your email request within 48 hours.
Enquiries
If You have any payment or drawings specific enquiries You can either:
We will reply to any email enquiry within 48 hours.
All communications should include:
Disputes
If You believe that a drawing has been initiated incorrectly, We encourage You to take the matter up directly with Us first by emailing Us on support@SecureTravelPayments.com
We will reply to any email enquiry within 48 hours.
If You do not receive a satisfactory response from Us within 14 days, contact the organisation that supplied your Nominated Account who will respond to You with an answer to Your claim.
You will receive a refund of the drawing amount if We can not substantiate the reason for the drawing.
Note: Your Nominated Account supplier will ask You to contact Us to resolve Your disputed drawing prior to involving them.
Your commitment to Us
It is Your responsibility to ensure that:
If Your drawing is dishonoured by Your Nominated Account supplier then:
The standard fees for the Service are non refundable. The fees can be absorbed by You or can be partially or fully on-charged to Your Payer at time of payment. Unless otherwise stated, the retail fees associated with your account are outlined in your confirmation of activation email.
Secure Travel Payments, reserves the right to review transaction fees at any stage. These fees may be subject to change, depending on the % split between domestic and international card transactions. If a change is required, you will be notified directly by one of our team members and in accordances with section 4, we will provided 14 days notice to any change to the fees.
