The Third Party Payment Contract is essential for businesses operating in Australia that require intermediary payment processing services. This document is typically used when a business needs to establish a formal arrangement for processing payments through a third-party service provider, whether for regular operational transactions, subscription payments, or large-volume payment processing. The contract ensures compliance with Australian payment systems regulations, banking laws, and consumer protection requirements while defining the rights, obligations, and liabilities of all parties involved. It addresses crucial aspects such as payment mechanisms, security protocols, service levels, and dispute resolution procedures, making it particularly relevant in today's digital payment landscape.
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1. Parties: Identifies and defines all parties to the agreement: the payor, payee, and the third-party payment provider
2. Background: Sets out the context and purpose of the agreement, including the relationship between parties
3. Definitions: Defines key terms used throughout the agreement
4. Payment Terms: Details of payment arrangements, including amount, frequency, and payment mechanisms
5. Service Provider Obligations: Specific obligations of the third-party payment provider
6. Payor Obligations: Responsibilities and obligations of the party making the payment
7. Payee Obligations: Responsibilities and obligations of the party receiving the payment
8. Fees and Charges: Details of all fees, charges, and who bears the costs
9. Security Measures: Security requirements and protocols for payment processing
10. Compliance: Regulatory compliance requirements including AML/CTF obligations
11. Liability and Indemnity: Allocation of risks and responsibilities between parties
12. Term and Termination: Duration of agreement and termination provisions
13. Dispute Resolution: Process for handling disputes between parties
14. General Provisions: Standard boilerplate clauses including governing law, notices, etc.
1. Integration Requirements: Technical specifications for system integration, required when payment processing involves IT system integration
2. Foreign Exchange: Provisions for handling foreign currency transactions, required for international payments
3. Service Levels: Specific performance metrics and service levels, needed for high-volume or critical payment arrangements
4. Business Continuity: Disaster recovery and business continuity provisions, important for critical payment services
5. Data Protection: Additional privacy and data protection provisions, required when handling sensitive personal data
6. White Labeling: Provisions for white-label services, needed when payment service is branded under another name
1. Fee Schedule: Detailed breakdown of all fees and charges
2. Service Level Agreement: Detailed performance metrics and service standards
3. Technical Requirements: Technical specifications and integration requirements
4. Security Protocols: Detailed security procedures and requirements
5. Authorized Representatives: List of authorized persons who can act on behalf of each party
6. Payment Processing Procedures: Detailed operational procedures for payment processing
7. Compliance Requirements: Detailed regulatory compliance procedures and requirements
Relevant legal definitions
Agreement
Applicable Laws
Authorized Representative
Banking Day
Business Day
Confidential Information
Data Protection Laws
Effective Date
Event of Default
Fees
Force Majeure Event
Intellectual Property Rights
Material Adverse Effect
Payment
Payment Account
Payment Date
Payment Instructions
Payment Method
Payment Platform
Payment Processing Services
Payment Service Provider
Payment System
Payor
Payee
Personal Data
Processing Fee
Regulatory Authority
Security Breach
Service Level Agreement
Service Provider
Settlement Period
System
Term
Transaction
Transaction Data
User
Valid Claim
Payment Gateway
Authentication Method
Authorized Payment
Chargeback
Dispute
Failed Transaction
Implementation Period
Integration Requirements
Merchant Account
Payment Authorization
Payment Confirmation
Payment Schedule
Reconciliation Period
Refund
Security Protocol
Settlement Account
Transaction History
Verification Process
Applicable Laws
Authorized Representative
Banking Day
Business Day
Confidential Information
Data Protection Laws
Effective Date
Event of Default
Fees
Force Majeure Event
Intellectual Property Rights
Material Adverse Effect
Payment
Payment Account
Payment Date
Payment Instructions
Payment Method
Payment Platform
Payment Processing Services
Payment Service Provider
Payment System
Payor
Payee
Personal Data
Processing Fee
Regulatory Authority
Security Breach
Service Level Agreement
Service Provider
Settlement Period
System
Term
Transaction
Transaction Data
User
Valid Claim
Payment Gateway
Authentication Method
Authorized Payment
Chargeback
Dispute
Failed Transaction
Implementation Period
Integration Requirements
Merchant Account
Payment Authorization
Payment Confirmation
Payment Schedule
Reconciliation Period
Refund
Security Protocol
Settlement Account
Transaction History
Verification Process
Clauses
Payment Terms
Service Provision
Fees and Charges
Authorization
Security
Data Protection
Confidentiality
Service Levels
Integration
Technical Requirements
Regulatory Compliance
Anti-Money Laundering
Counter-Terrorism Financing
Risk Allocation
Liability
Indemnification
Force Majeure
Intellectual Property
Dispute Resolution
Governing Law
Term and Termination
Implementation
System Access
Audit Rights
Business Continuity
Disaster Recovery
Insurance
Representations and Warranties
Assignment
Subcontracting
Notice
Amendment
Entire Agreement
Severability
Third Party Rights
Records Retention
Performance Standards
Service Provider Obligations
Customer Obligations
Payment Processing
Settlement
Reconciliation
Refunds and Chargebacks
Security Breach Procedures
Change Control
Service Provision
Fees and Charges
Authorization
Security
Data Protection
Confidentiality
Service Levels
Integration
Technical Requirements
Regulatory Compliance
Anti-Money Laundering
Counter-Terrorism Financing
Risk Allocation
Liability
Indemnification
Force Majeure
Intellectual Property
Dispute Resolution
Governing Law
Term and Termination
Implementation
System Access
Audit Rights
Business Continuity
Disaster Recovery
Insurance
Representations and Warranties
Assignment
Subcontracting
Notice
Amendment
Entire Agreement
Severability
Third Party Rights
Records Retention
Performance Standards
Service Provider Obligations
Customer Obligations
Payment Processing
Settlement
Reconciliation
Refunds and Chargebacks
Security Breach Procedures
Change Control
Relevant Industries
Financial Services
E-commerce
Retail
Technology
Banking
Insurance
Healthcare
Real Estate
Professional Services
Telecommunications
Education
Government Services
Relevant Teams
Finance
Legal
Compliance
Treasury
Accounts Payable
Procurement
Risk Management
Operations
Commercial
Vendor Management
Payment Operations
Financial Technology
Relevant Roles
Chief Financial Officer
Finance Manager
Payment Operations Manager
Compliance Officer
Legal Counsel
Treasury Manager
Accounts Payable Manager
Procurement Manager
Financial Controller
Risk Manager
Operations Director
Commercial Manager
Vendor Relations Manager
Payment Systems Administrator
Financial Technology Officer
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