This Auto Payment Agreement is designed for use in the Australian jurisdiction where businesses need to establish recurring payment arrangements with their customers or other businesses. The document is essential for any organization that processes regular, automated payments and must comply with Australian financial services regulations, including the Banking Act 1959 (Cth), Privacy Act 1988 (Cth), and Electronic Transactions Act 1999 (Cth). It covers critical aspects such as payment authorization, processing terms, security measures, and dispute resolution procedures. The agreement is particularly relevant for subscription services, utility providers, financial institutions, and any business requiring regular payment collection, providing a comprehensive framework that protects both the payment processor and the account holder while ensuring regulatory compliance.
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1. Parties: Identification of the payer and the payment processor/recipient
2. Background: Context of the agreement and purpose of the auto payment arrangement
3. Definitions: Key terms used throughout the agreement
4. Payment Authorization: Express authorization for automatic payments and scope of the authorization
5. Payment Details: Specification of payment amounts, frequency, and timing
6. Processing Terms: Details of how payments will be processed and timing of processing
7. Security and Privacy: Measures for protecting payment and personal information
8. Representations and Warranties: Statements of fact and promises by both parties
9. Rights and Obligations: Detailed responsibilities of each party
10. Failed Payments: Procedures for handling failed or rejected payments
11. Dispute Resolution: Process for resolving payment disputes or discrepancies
12. Termination: Conditions and process for ending the auto payment arrangement
13. General Provisions: Standard legal clauses including notices, amendments, and governing law
1. Service Link: Required when auto payments are linked to specific services or products
2. Business Terms: Include for business-to-business arrangements with specific commercial terms
3. Multiple Account Provisions: Include when customer has multiple payment accounts or beneficiaries
4. International Payments: Required for cross-border payment arrangements
5. Credit Card Terms: Specific terms for credit card-based auto payments
6. Direct Debit Terms: Specific terms for direct debit arrangements
7. Variable Payment Terms: Include when payment amounts may vary
8. Special Security Procedures: For high-value or high-risk payment arrangements
1. Schedule 1 - Payment Schedule: Detailed schedule of payment amounts, dates, and frequency
2. Schedule 2 - Account Details: Banking or payment account information for both parties
3. Schedule 3 - Fee Schedule: Breakdown of any fees associated with the auto payment service
4. Schedule 4 - Security Protocols: Detailed security measures and procedures
5. Appendix A - Authorization Form: Standard form for payment authorization
6. Appendix B - Cancellation Form: Standard form for cancelling auto payments
Relevant legal definitions
Account
Account Holder
Agreement
Authorized Payment
Authorized Representative
Business Day
Cancellation Notice
Commencement Date
Confidential Information
Credit Card
Debit Card
Direct Debit
Due Date
Electronic Authorization
Failed Payment
Fee Schedule
Force Majeure Event
GST
Initial Term
Payment Amount
Payment Date
Payment Details
Payment Facility
Payment Method
Payment Platform
Payment Processing Period
Payment Processor
Payment Schedule
Personal Information
Processing Fee
Recurring Payment
Security Credentials
Service Provider
Settlement Date
Term
Transaction
Variable Payment
Account Holder
Agreement
Authorized Payment
Authorized Representative
Business Day
Cancellation Notice
Commencement Date
Confidential Information
Credit Card
Debit Card
Direct Debit
Due Date
Electronic Authorization
Failed Payment
Fee Schedule
Force Majeure Event
GST
Initial Term
Payment Amount
Payment Date
Payment Details
Payment Facility
Payment Method
Payment Platform
Payment Processing Period
Payment Processor
Payment Schedule
Personal Information
Processing Fee
Recurring Payment
Security Credentials
Service Provider
Settlement Date
Term
Transaction
Variable Payment
Clauses
Authorization
Payment Terms
Processing Terms
Direct Debit
Payment Schedule
Security
Privacy
Confidentiality
Data Protection
Service Level
Failed Payments
Fees and Charges
Representations and Warranties
Indemnification
Limitation of Liability
Force Majeure
Term and Termination
Suspension
Variation
Notice
Assignment
Dispute Resolution
Governing Law
Entire Agreement
Severability
Amendment
Electronic Communication
Compliance with Laws
Record Keeping
Audit Rights
Payment Terms
Processing Terms
Direct Debit
Payment Schedule
Security
Privacy
Confidentiality
Data Protection
Service Level
Failed Payments
Fees and Charges
Representations and Warranties
Indemnification
Limitation of Liability
Force Majeure
Term and Termination
Suspension
Variation
Notice
Assignment
Dispute Resolution
Governing Law
Entire Agreement
Severability
Amendment
Electronic Communication
Compliance with Laws
Record Keeping
Audit Rights
Relevant Industries
Financial Services
Banking
Retail
Subscription Services
Utilities
Insurance
Telecommunications
Professional Services
Healthcare
Education
Property Management
Software and Technology
Relevant Teams
Legal
Finance
Accounts Receivable
Treasury
Compliance
Risk Management
Customer Service
Operations
Payment Processing
Credit Control
Relevant Roles
Finance Manager
Accounts Receivable Manager
Payment Operations Manager
Compliance Officer
Legal Counsel
Contract Administrator
Financial Controller
Treasury Manager
Credit Controller
Customer Service Manager
Risk Manager
Operations Director
Business Development Manager
Subscription Services Manager
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