The Recurring Payment Agreement is essential for businesses operating in Canada that collect regular payments from customers for ongoing services or products. This document is designed to comply with Canadian federal legislation including the Payment and Clearing Settlement Act and PIPEDA, as well as provincial consumer protection laws. It should be used when establishing automated payment arrangements for subscriptions, membership fees, installment payments, or any recurring billing scenario. The agreement covers critical aspects such as payment authorization, processing terms, privacy considerations, and cancellation rights, providing both parties with clear terms and legal protection. It's particularly important in the current digital economy where automated payments are becoming the norm for business transactions.
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1. Parties: Identification of the payment processor/merchant and the customer, including full legal names and contact details
2. Background: Context of the agreement and the services/products for which recurring payments are being established
3. Definitions: Key terms used throughout the agreement, including payment-related terminology
4. Payment Authorization: Customer's explicit authorization for recurring charges and acknowledgment of payment terms
5. Payment Terms: Details of payment amount, frequency, processing dates, and payment method
6. Duration: Term of the agreement and renewal provisions
7. Modification of Payments: Process for changing payment amounts and notification requirements
8. Termination Rights: Conditions and process for ending the recurring payment arrangement
9. Failed Payments: Procedures for handling declined transactions and insufficient funds
10. Privacy and Data Protection: Handling of personal and financial information
11. Governing Law: Applicable jurisdiction and legal framework
1. Multiple Payment Methods: Include when agreement allows for alternate payment methods or backup payment options
2. International Payments: Include when payments may be processed across different currencies or jurisdictions
3. Rewards or Loyalty Programs: Include when recurring payments are linked to reward points or loyalty benefits
4. Third-Party Payment Processors: Include when external payment processors are involved in handling transactions
5. Service Level Guarantees: Include when specific service levels or product delivery commitments are tied to payments
6. Dispute Resolution: Include detailed dispute resolution procedures when dealing with high-value or complex payment arrangements
1. Schedule A - Payment Schedule: Detailed breakdown of payment dates, amounts, and frequency
2. Schedule B - Authorized Payment Methods: List of accepted payment methods and associated processing terms
3. Schedule C - Fee Schedule: Breakdown of all applicable fees, including any processing fees or penalties
4. Appendix 1 - Payment Authorization Form: Standard form for capturing payment method details and authorization
5. Appendix 2 - Cancellation Form: Standard form for requesting cancellation of recurring payments
Relevant legal definitions
Agreement
Authorization Date
Authorized Payment Method
Billing Cycle
Billing Date
Business Day
Cancellation Notice
Confidential Information
Customer
Failed Payment
Force Majeure
Initial Term
Insufficient Funds
Late Payment Fee
Merchant
Payment Amount
Payment Authorization
Payment Date
Payment Method
Payment Processor
Personal Information
Pre-authorized Debit (PAD)
Processing Fee
Renewal Term
Recurring Payment
Service Provider
Services
Settlement Date
Subscription Period
Term
Termination Date
Termination Notice
Transaction
Valid Payment Method
Authorization Date
Authorized Payment Method
Billing Cycle
Billing Date
Business Day
Cancellation Notice
Confidential Information
Customer
Failed Payment
Force Majeure
Initial Term
Insufficient Funds
Late Payment Fee
Merchant
Payment Amount
Payment Authorization
Payment Date
Payment Method
Payment Processor
Personal Information
Pre-authorized Debit (PAD)
Processing Fee
Renewal Term
Recurring Payment
Service Provider
Services
Settlement Date
Subscription Period
Term
Termination Date
Termination Notice
Transaction
Valid Payment Method
Clauses
Payment Authorization
Payment Terms
Service Description
Authorization to Charge
Payment Processing
Payment Modification
Billing Cycle
Term and Renewal
Cancellation Rights
Termination
Failed Payments
Refunds
Privacy
Data Protection
Confidentiality
Representations and Warranties
Limitation of Liability
Indemnification
Force Majeure
Notice
Assignment
Amendment
Entire Agreement
Severability
Governing Law
Dispute Resolution
Payment Terms
Service Description
Authorization to Charge
Payment Processing
Payment Modification
Billing Cycle
Term and Renewal
Cancellation Rights
Termination
Failed Payments
Refunds
Privacy
Data Protection
Confidentiality
Representations and Warranties
Limitation of Liability
Indemnification
Force Majeure
Notice
Assignment
Amendment
Entire Agreement
Severability
Governing Law
Dispute Resolution
Relevant Industries
Financial Services
Software and Technology
Subscription Services
Retail
Telecommunications
Utilities
Professional Services
Education
Healthcare
Insurance
Property Management
Media and Entertainment
Relevant Teams
Legal
Finance
Accounts Receivable
Revenue Operations
Compliance
Customer Service
Risk Management
Payment Operations
Business Development
Contract Administration
Relevant Roles
Finance Manager
Legal Counsel
Compliance Officer
Accounts Receivable Manager
Business Development Manager
Contract Administrator
Revenue Operations Manager
Billing Coordinator
Customer Service Manager
Risk Manager
Payment Operations Director
Subscription Services Manager
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