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User Agreement* Terms of Use* Privacy Policy* 1. By signing a direct debit request you have authorised FECTIV PTY LTD to arrange for the specified funds to be debited from your nominated account and nominated debit day monthly, until further notice. All applicable EZYPAY* and PayPal debit conditions apply ?these are available at point of sale/purchase of any product online. 2. Web names are offered free and if by any given chance the registration did not process or did not renew FECTIV PTY LTD hold no responsibility to the management of that domain. FECTIV PTY LTD will endeavour to support the client requests and is under limitations under the current host. 3. FECTIV PTY LTD nominated hosting supplier reserves the Service Level Agreement Rights. 4. All inquiries operate through our Inquiry Ticket System on our site www.fectiv.com or inquiry tickets can be submitted on 1800 097 880. 5. FECTIV PTY LTD have limited liability in the use of the users space; assistance in the use of the space is provided upon client request; any design or additions to that other than the site building tool can and may incur designer cost only and unless requested by the client. 6. If you believe there has been an error in debiting your account, contact FECTIV PTY LTD in the first instance as soon as possible. If we conclude as a result of our investigations that your account has been: (a) incorrectly debited, we will arrange to adjust your account accordingly and refund you by cheque or online transfer to your nominated address/account; (b) correctly debited, we will provide evidence of this. 7. All information in your direct debit request is confidential and secure. We will make reasonable effort to ensure that our employees and/or agents who have access to your information will not make any authorised use, modification, reproduction or disclosure of that information. Information will only be disclosed to the extent specifically required by law, or for the purpose of this agreement (including disclosing information in connection with any query or claim). 8. Please note that direct debiting is not available on all accounts, you are advised to check with your financial institution. 9. Any bank charges or fees incurred through this direct debit request will not and does not apply to FECTIV PTY LTD. 10. Access to the FECTIV PTY LTD system is restricted to authenticated FECTIV PTY LTD customers; unauthorised access is not permitted and will be prosecuted to the full extent of applicable laws; FECTIV will take reasonable care in ensuring limited access to non-authenticated users but takes no responsibility for unauthorised access and/or alteration to site information. 11. Web name rights, while registered under FECTIV PTY LTD, are under your control; control rights are released only if otherwise instructed during the cancellation process. If control is released to FECTIV PTY LTD and/or third parties, Google Sponsored links may be enabled on your space at point of cancellation. You can request transfer of registrar (charges apply) 2 months (transfer time recommended) before your web name is due to expire FECTIV PTY LTD will endeavour to ensure your web name is transferred but is at the control limits of the host allowing transfer. 12. If you wish to cancel or defer a debit payment, you can submit an Account Inquiry Ticket through our site www.fectiv.com or phone us on 1800 097 880 (where call centre assistance will submit the Account Inquiry Ticket for you) at least five (5) working days prior to the next debit date. 13. Cancellation of your direct debit will result in your web presence being disabled within seven (7) working of your cancellation request. 14. Cancel requests will only be processed if a formal letter or Inquiry Ticket has been sent to FECTIV PTY LTD directly and the client has received a confirmation reply by email within 48hrs of FECTIV PTY LTD receiving the cancellation request. If the confirmation has not been received it is the client's responsibility to follow up this request. FECTIV PTY LTD accepts no responsibility to the further monthly distributions unless the client has a record of the FECTIV PTY LTD reply confirmation. 15. FECTIV PTY LTD does not have any control of Google or any other search engines indexing and thus do not guarantee search engine listings. FECTIV PTY LTD will attempt to support the process by providing information at the client's request. Any referral program conducted by FECTIV PTY LTD is at the choice of the client and service conducted by these third parties, FECTIV PTY LTD has no control or liability. 16. FECTIV PTY LTD will provide you with fourteen (14) days notice by email if we propose to vary the direct debit service agreement. 17. FECTIV PTY LTD terms of use may change from time to time on the FECTIV PTY LTD site and the client will not require FECTIV to inform the client of such changes by any other means of communication including but not limited to, written notice, phone or email. 18. Google Support is assistance information in using the search engine and/or optimising procedures in supporting the ranking of the users website; FECTIV PTY LTD cannot and does not guarantee listing in the search engine; only and unless the owner of the FECTIV PTY LTD site maintains a commercial relationship (external to FECTIV PTY LTD) with Google or through FECTIV PTY LTD search engine optimisation referral program. 19. FECTIV PTY LTD does not provide email hosting; email forwarding is provided (at a cost) only and unless the client has purchased the domain with FECTIV PTY LTD. 20. All 1800 calls or ticket submission are not regarded as fact up until FECTIV PTY LTD have made direct email return contact to the agreed client whose name appears on the signed EZYPAY direct debit form. 21. As a member of FECTIV you also will have full automatic FREE access to our soon to be released product called Email Marketer. You will be provided with a username and password and FREE Support as being part of our inaugural membership - you will be updated periodically of this new product release. 22. Any files lost will not be the responsible of FECTIV PTY LTD and any files that may be available unsecurely will not be the responsibility of FECTIV PTY LTD
EZYPAY* TERMS AND CONDITIONS I/we acknowledge and/or authorize: 1. Ezypay to make periodic debits from my/our account on behalf of the Company (herein referred to as the Principal) stated on the front of this Direct Debit Request Form. 2. If the Principal authorises as such, you will be required to pay Ezypay's load and commission fees. 3. That Ezypay is acting as a direct debit agent for the Principal only and does not provide any goods or services to me/us and has no express or implied liability in regard to the goods and services provided by the Principal. As such, Ezypay also has no liability to provide any tax invoices for any fees charged. 4. That the periodic debiting of my/our account will be in accordance with the payment arrangement outlined in Section B, with the Terms and Conditions outlined herein and any variations made to them from time to time, as well as the terms and conditions between Ezypay and the Principal. 5. Ezypay to communicate with me/us by phone, email or mail to effectively manage my/our account. 6. Ezypay to vary these Terms and Conditions from time to time and I acknowledge that it will be sufficient for Ezypay to notify me/us of such changes by posting them on Ezypay's website: www.ezypay.com.au. \ 7. It is my/our responsibility to check Ezypay's website for variations to these Terms and Conditions and I/we will not require Ezypay to inform me of such changes by any other means of communication including but not limited to, written notice, phone or email. 8. Any variations made to these Terms and Conditions will be effective 14 days after posting on Ezypay's website. 9. Ezypay may terminate this Direct Debit Request and cease to provide its direct debit services to me/us at any time by written notice sent by mail or email, such notice to state the reason for the termination.
Variations to My/Our Direct Debit Arrangement I/we acknowledge and/or authorize: 1. The Principal to vary the amount, frequency and date of payments from time to time. 2. Ezypay to vary the payments upon instructions from the Principal. I/we do not require Ezypay to notify me/us of such variation prior to varying the debit amount. 3. All other variations to my/our debit arrangement will need to be directed to the Principal. Ezypay can only process variations to my/our direct debit arrangement upon the Principal's instructions and where those instructions are received, Ezypay will not require a signed agreement or new Direct Debit Request Form from me/us. 4. Ezypay will make reasonable attempts to minimize any variance to debit amounts affected by exchange rate fluctuations or factors in connection with the provision of the direct debit service that are within Ezypay's control. However, Ezypay will not be responsible for any variance or shortfall to debit amounts affected by exchange rate fluctuations as a result of external factors beyond the control of Ezypay including but not limited to, the date on which a direct debit is processed by Ezypay's Sponsoring Financial Institution, the timing a debit is requested and processed or where there is a delay in the processing of a direct debit due to any one of the factors (a) to (c) specified below. 5. That a delay may occur in the processing of a direct debit if: (a) There is a public or bank holiday on the day or on the day after a payment is due to be made by direct entry; (b) A payment is received either on a day, which is not a banking business day, or after the normal close of business on a business banking day; or (c) Ezypay does not receive the Direct Debit Request Form so that it has sufficient time to process the Direct Debit Request Form prior to the first debit payment being due and payable.
My Responsibility I/we acknowledge that: 1. It is my/our responsibility to inform Ezypay or the Principal of any changes to my account or contact details (by phone, mail or email) to permit and facilitate the direct debit arrangement as per these agreed Terms and Conditions. 2. It is my/our responsibility to have sufficient funds available in my/our account failing which I/we will incur a failed payment fee of up to $16.50 for each unsuccessful debit, in addition to any fees charged by my/our Financial Institution, and any collection fees incurred by Ezypay including but not limited to any legal costs and/or the commission of a collection agent appointed by Ezypay for the purpose of recovering the unsuccessful debit payment. Additionally, Ezypay in conjunction with the principal will implement re-debit measures as necessary to recover any outstanding amount/s. 3. For the avoidance of doubt, Ezypay will not be liable for any fees or charges described in the above paragraph. 4. Ezypay requires a 7 days written notice should I/we wish to cancel this direct debit arrangement. On receiving such notice, Ezypay will have the authority to direct debit any payments due within the 7 days notice period and thereafter, cancel the direct debit arrangement as requested by me/us. The cancellation will be effective 7 days after the notice has been received. 5. Any cancellations made directly with Ezypay do not affect or terminate any contracts, agreements or payment obligations I have with my Principal. 6. I may be charged fees if my Principal authorises as such for account setup/maintenance. 7. Any disputed debit item/amount should be directed to the Principal.
Servicing My Account I/we acknowledge and/or authorize the following: (a) Ezypay to verify the details of my/our account with my/our Financial Institution. (b) My/our record and account details may be required by my Financial Institution in connection with a claim made on it relating to an alleged incorrect or wrongful debit. (c) My/our Financial Institution to release information allowing Ezypay to verify my/our bank account details. (d) Ezypay may inform me of products, services or special offers relating to the provision of its direct debit service and other related financial service products. (e) Ezypay is not liable for any faults in the direct debit of my/our account caused by, but not limited to, events such as fraudulent activity, security hacking, and environmental disasters. Due to the technology systems used by Ezypay to facilitate the direct debiting, Ezypay is not able to and does not give an express or implied warranty that any direct debit service it provides will be continuous or fault free. I/we acknowledge that the Ezypay Pty Limited Privacy Policy can be found at www.ezypay.com.au or on any other Gateway system inwhich FECTIV pty Ltd adopts in its operations. *Any "FECTIV" reference in the following terms directly relate to all of myLogin Applications and any reference to EZYPAY also relates to PayPal or any other thrird party payment gate-way system. Below outlines PayPal policys within the area inwhich this product has been made for other outside users please refer to the PayPal website in your location. A. Overview By accepting the Privacy Policy and User Agreement when you register for the PayPal Service, you expressly consent to our use and disclosure of your personal information in the manner described in this Privacy Policy. This Privacy Policy is incorporated into and subject to the terms of the PayPal User Agreement. Please note that your personal information may be stored and processed on PayPal's or our related companies' computers in Australia, Singapore, Canada, or the United States. The laws on holding personal data in these other countries may not offer the same level of protections as the laws of Australia but PayPal will hold and transmit your personal information in a secure manner. If you object to your personal information being transferred or used as described in this Privacy Policy, please do not register for the PayPal service. Other pages on the PayPal website include links to third-party websites. These sites are governed by their own privacy statements and PayPal is not responsible for their operations, including but not limited to their information practices. Users submitting information to or through these third-party websites should review the privacy statement of these sites before providing them with personally-identifiable information. B. Information We Collect To open a PayPal account, you must provide your name, residential address, phone number, date of birth, and email address. To make payments through PayPal may require your credit card, debit card or bank account information. We also ask you to choose two different security questions to answer (such as your city of birth or your pet's name). This required information is necessary for us to process transactions, issue a new password if you forget or lose your password, protect you against credit card fraud and bank account fraud, and to contact you if we need to, when administering your account Transaction Information When you use PayPal to send money to someone else or request money from someone else, we ask you to provide information related to each transaction, including the amount of the transaction, the type of transaction (purchase of goods, purchase of services, or simple money transfer ("quasi-cash")) and the email address or Skype ID of the third party. We retain this information for each of your transactions through PayPal. We also collect the Internet address (IP address) and other identifying information about the computer or device you use to access your PayPal account, to help detect potentially-unauthorised transactions. Information About You From Third Parties To protect all our customers against potential fraud and to meet our legal obligations, we may use third parties to verify the information you provide. In the course of such verification we receive personally-identifiable information about you from such services. In particular, if you register a credit card or debit card with PayPal, we will use card authorisation and fraud screening services to verify that your card information and address matches the information that you supplied to PayPal and that the card has not been reported as lost or stolen. If you send or receive high overall payment volumes through PayPal, in some circumstances we will conduct a background check on your business by obtaining information about you and your business from a credit bureau or a business information service such as Dun & Bradstreet. If you incur a debt to PayPal we will generally conduct a credit check on you by obtaining additional information about you from a credit bureau, to the extent permitted by law. PayPal, at its sole discretion, also reserves the right to periodically retrieve and review a business and/or consumer credit report for any account and reserves the right to close an account based on information obtained during this credit review process. Additional Verification If we cannot verify the information that you provide, we ask you to send us additional information by fax (such as your driving licence, credit card statement and/or a recent utility bill or other information linking you to the applicable address), or to answer additional questions online to help verify your information. Website Traffic Information Because of the way that World Wide Web communication standards work, when you arrive at or leave the PayPal website, we automatically receive the Web address of the site that you came from or are going to. We also collect information on which pages of our website you visit while you are on the PayPal site, the type of browser you use and the times you access our website. We use this information to try to understand our customers' preferences better and to manage the load on our servers, so as to improve our service and your experience with PayPal. Our Use of "Cookies" "Cookies" are small files of data that reside on your computer and allow us to recognise you as a PayPal customer if you return to the PayPal site using the same computer and browser. We send a "session cookie" to your computer if and when you log in to your PayPal account by entering your email address and password. We use these cookies to recognise you if you visit multiple pages in our site during the same session, so that you don't need to re-enter your password multiple times. Once you log out or close your browser, these session cookies expire and no longer have any effect. We also use longer-lasting cookies to display your email address on our sign-in form so you don't have to retype the email address each time you log in to your PayPal account. Our cookie files are encoded so that your email address and other information can only be interpreted by PayPal. We may, however, share cookie information with certain merchants with whom we have an official co-marketing relationship regarding whether a user identified by the merchant is already registered with PayPal. Customer Service Correspondence If you send us correspondence, including emails and faxes, we retain such information in the records of your account. We will also retain customer service correspondence and other correspondence from PayPal to you. We retain these records so that we can measure and improve our customer service and investigate potential fraud and violations of our User Agreement. We may, over time, delete these records if permitted by law. Questionnaires, Surveys and Profile Data From time to time, we offer optional questionnaires and surveys to our users for such purposes as collecting demographic information or assessing users' interests and needs. The use of the information collected will be explained in detail in the survey itself. If we collect personally-identifiable information from our users in these questionnaires and surveys, the users will be given notice of how the information will be used prior to their participation in the survey or questionnaire. Non-member Recipients and Requests When a member either sends a payment to, or requests a payment from, an individual who is not a registered member of PayPal, we will retain the information that the member submits to us, including, for example, the other party's email address, Skype ID, phone number and/or name. We do this for the benefit of the member who is attempting to contact the non-member, so that the member can see a complete record of his or her transactions, including uncompleted transactions. Although this information is stored indefinitely, we will not use or share this information to sell to the non-member in any way at any time. Additionally, these non-members have the same rights to access and correct information about themselves (assuming that their details were correct enough to reach them) as anyone else who uses PayPal. C. Our Use and Disclosure of Information We may collect, store and process your personal information on servers operated by a related company located in Singapore or in the United States. Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customised experience. You agree that we may use your personal information to: provide the services and customer support you request; prevent potentially prohibited or illegal activities, and enforce our User Agreement; customise, measure, and improve our services and the content and layout of our website; tell you about targeted marketing, service updates, and promotional offers based on your communication preferences; provide the services and customer support you request; compare information for accuracy, and verify it with third parties. Disclosure to Other PayPal Customers If you are a registered PayPal user, your name, email addresses, Skype ID (if applicable), date of sign-up and whether you have verified control of a bank account are displayed to other PayPal customers whom you have paid or who are attempting to pay you through PayPal. If you are a Business account holder, we will also display to other PayPal customers the website address (URL) and customer service contact information that you provide us. However, your credit card number, bank account and other financial information will NEVER be revealed to anyone whom you have paid or who has paid you through PayPal, except with your express permission or if we are required to do so pursuant to a subpoena or other legal process. If you are buying goods or services and pay through PayPal, we may provide the seller with the shipping address for the goods and your confirmed credit card billing address to complete your transaction with the seller. The seller is not allowed to use this information to market their services to you unless you have agreed to it. We work with third party merchants to enable them to accept PayPal payments from you. Merchants who offer this service will share personally-identifiable information you provide to them such as your email address with PayPal to validate your ability to pay with PayPal or the existence of your account. By accepting this Privacy Policy you permit PayPal to reply to the merchant with verification results of the validity of the personally-identifiable information that you provided to the merchant. PayPal also discloses to other PayPal customers the number of payments you have received from Verified PayPal customers (as defined in the User Agreement on the www.paypal.com.au site), as an indication of your reputation with other PayPal customers. We may disclose to other PayPal customers and to third parties information that we in good faith believe is appropriate to cooperate in investigations of fraud or other illegal activity. For example, this means that if we conduct a fraud investigation and conclude that one side has engaged in deceptive practices, we can give that person or entity's contact information (but not bank account or credit card information) to victims who request it. Disclosure to Third Parties Other Than PayPal Customers PayPal will not sell or rent any of your personally-identifiable information to third parties. PayPal will not share any of your personally-identifiable information with third parties except in the limited circumstances described in paragraphs 1 to 8 below, or with your express permission (and with other PayPal customers as described above). These third parties are limited by law or by contract from using the information for secondary purposes beyond the purposes for which the information is shared. We share information with companies that help us process the transactions you request or protect our customers' transactions from fraud. For example, we may report your credit card number to a service that screens for lost and stolen card numbers. See "Information About You From Third Parties" in Section B above. Additionally, if your balance with us goes into the negative, and you owe us money, we may share information with processing companies including collection agencies. We may disclose the information we collect, as described in Section B above, to companies that perform marketing and other services on our behalf, such as companies that conduct user surveys. These companies are subject to confidentiality agreements with us and other legal restrictions that prohibit using the information except to market the specified PayPal-related products or services, unless you have affirmatively agreed or given your prior permission for other uses. We also require that these companies meet our standards in relation to maintaining adequate information security. We disclose information that we in good faith believe is appropriate to cooperate in investigations of fraud or other illegal activity, or to conduct investigations of violations of our User Agreement. For example, this means that if we conduct a fraud investigation and conclude that one side has engaged in deceptive practices, we can give that person or entity's contact information (but not bank account or credit card information) to victims who request it. We disclose information as required to comply with law, including but not limited to in response to a subpoena, warrant, court order, levy, attachment, order of a court-appointed receiver or other comparable legal process. As PayPal may outsource some of its functions, including data storage and processing, to related entities or service providers in foreign jurisdictions those related entities or service providers may be required to disclose your personal information pursuant to a subpoena or other legal process which originates in that foreign jurisdiction. We disclose information to your agent or legal representative (such as the holder of a power of attorney that you grant, or a guardian appointed for you). We share aggregated statistical data with our business partners or for public relations. For example, we may disclose that a specific percentage of our users live in Australia. However, this aggregated information is not tied to personally-identifiable information. As with any other business, it is possible that PayPal in the future could merge with or be acquired by another company. If such an acquisition occurs, the successor company would have access to the information maintained by PayPal, including customer account information, but would continue to be bound by this Privacy Policy unless and until it is amended as described in Section A above. We share your information with members of the eBay Inc. corporate family like eBay, Skype or Shopping.com to provide joint content and services(like registration, transactions and customer support), to help detect and prevent potentially illegal acts or violations of our policies, and to guide decisions about their products, services and communications. Members of our corporate family will use this information to send you marketing communications only if you have requested their services. Some of these related companies are outside of Australia, including PayPal Singapore (Private) Limited (in Singapore) and PayPal, Inc. (in the USA) and eBay CS Vancouver Inc. (in Canada). By accepting this Privacy Policy you are consenting to the transfer of your personal information to the entities described in this section in accordance with this Privacy Policy. Our Contacts with PayPal Customers We send users regular emails to provide requested services and we also communicate by phone to resolve customer complaints or investigate suspicious transactions. We use your email address to confirm that you have opened a PayPal account, to send you notice of payments that you send or receive through PayPal to send information about important changes to our products and services and to send notices and other disclosures required by law. Generally, users cannot opt out of these communications, but they will mainly be for information purposes, rather than promotional. We also use your email address to send you other types of communications that you can control, including the PayPal Periodical newsletter, auction tips, customer surveys and notice of special third-party promotions. You can choose whether to receive some, all or none of these communications when you complete the registration process, or at any time after that, by logging in to your account on the PayPal website and changing your preferences in the Profile page of the My Account tab. You can also use the same procedure to change your choices at any time. In connection with independent audits of our financial statements and operations, the auditors may seek to contact a sample of our customers to confirm that our records are accurate. However, these auditors cannot use personally-identifiable information for any secondary purposes. Internet Address Information We use IP addresses, browser types and access times to analyse trends, administer the site, improve site performance and gather broad demographic information for aggregate use. Your Use of Information and Our Services To facilitate the transactions between PayPal members, our service allows you limited access other users' contact or postage information. As a seller you may have access to the name, email address and other contact or postage information of the purchaser and as a purchaser you may have access to the name, email address and other contact information of the seller. By entering into our User Agreement, you agree that you will only use other users' personally-identifiable information which you obtain through the site or through a PayPal-related communication or PayPal-facilitated transaction, for: (a) PayPal-related communications that are not unsolicited commercial messages, (b) completing a transaction (e.g. postage of a purchased item or dispute resolution) and (c) any other purpose that such user expressly agrees to after adequate disclosure of the purpose(s). In all cases, you must provide users with the opportunity to remove themselves from your database and review any information you have collected about them to comply with Australian privacy laws. In addition, under no circumstances, except as defined in this Section, can you disclose personally-identifiable information about another PayPal user to any third party without the consent of that other user after adequate disclosure. Note that law enforcement personnel and other rights holders are given different rights with respect to information they access. Anti-Spam PayPal does not tolerate spam. Therefore, without limiting the foregoing, you may not add a PayPal user to your mail list (email or physical mail) without their express consent after adequate disclosure, even if said user has previously made a purchase from you. We strictly enforce this Policy. To report PayPal-related spam to PayPal, please contact us. D. Information Security PayPal is committed to dealing with your customer information with high standards of information security. We use computer safeguards such as firewalls and data encryption, we enforce physical access controls to our buildings and files, and we authorise access to personal information only to specific employees who need it to to fulfill their job responsibilities. For more information on PayPal's security practices, please visit the PayPal Security Centre. The security of your PayPal account also relies on your protection of your PayPal password. You cannot share your PayPal password with anyone. If you do share your PayPal password with a third party for any reason, including because the third party has promised to provide you additional services such as account aggregation, the third party will have access to your account and some of your personal information and you may be responsible for actions taken by the third party using your password. If you believe someone else has obtained access to your password, please change it immediately by logging in to your account at www.paypal.com/au/ and changing your Profile settings and also contact us right away as described in Section F below. PayPal will never ask you to send your password or other sensitive information to us in an email , though we may ask you to enter this type of information on the PayPal website, which will always have a URL beginning with https://www.paypal.com/au. Any email or other communication requesting your password, asking you to provide sensitive account information via email, or linking to a website with a URL that does not begin with https://www.paypal.com/au should be treated as unauthorised and suspicious and should be reported to PayPal immediately by sending it to spoof@paypal.com. E. Accessing and Changing Your Information F. Contacting Us (PayPal) Concerning PayPal's privacy practices as a financial institution and our compliance with this Privacy Policy, PayPal is regulated by the Commonwealth Privacy Act 1988 and the National Privacy Principles. You can obtain information about Australia's privacy laws at http://www.privacy.gov.au. |