Customer Terms & Conditions
Bella Bagno Pty Ltd ABN: 70 604 323 t/a
BelBagno provides a service for Customers to make any Payments of fees. These
terms and conditions form part of a Customer Registration Form (CRF) executed
by the Customer (referred to as you) wishing to make Payments to the Customer’s
Merchant through Zenpay Pty Ltd ABN: 63 056 881 942 t/a B2Bpay, part of
the Zenith Payments group. By completing and executing the CRF or usage of the
service, the Customer agrees to be bound by the terms and conditions set out
below (the “Terms”).
1.Definitions (as used in this
agreement)
Account means the credit, debit, bank or other
Account nominated or used by the Customer for Payment of fees.
Account holder means the owner or signatory of
the credit, debit, bank or other Account nominated or used by the Customer for
Payment of fees.
B2Bpay or us means the program developed
by Zenpay Pty Ltd ABN: 63 056 881 942 t/a B2Bpay, part of the Zenith
Payments group for the processing of Payments.
Customer means a person who has an agreement
relating to the making of Payments to Belbagno, or an entity with whom the
Merchant acts. For the purposes of this agreement, it also includes any person
who makes Payments via the B2Bpay program on behalf of a Customer.
Customer’s Registration Form or (CRF) means an
agreement between a Customer and us whereby the Customer agrees to utilise
B2Bpay by signing a credit application form. For the purposes of this
agreement, it also includes any electronic or paper form or Payment page the
Customer or BelBagno t has used to make a Payment.
Eligible Payments mean Payments processed
through B2Bpay on behalf of BelBagno that may result in the Customer earning
reward points or other benefit provided by B2Bpay and BelBagno. The terms of
the rewards points or other benefit will be detailed in these terms and/or in
online or email notifications provided by B2Bpay and BelBagno. Unless
specified by B2Bpay, Eligible Payments do not include failed Payments; disputed
Payments; subsequently refunded or recalled Payments; or Payments using a
Customer’s bank Account.
Payment (or Payments) in relation to a
Customer, means the amounts a Customer pays to BelBagno. For the purpose of
this agreement, it also includes any other Payments made by Customers and/or
processed by the BelBagno or B2Bpay.
Payment Processing Fee means any Payment
processing or transaction fee applied by B2Bpay and paid by either the Customer
or the BelBagno
Contract
2.1 These Terms apply to any Customer from the
date upon which B2Bpay accepts a Customer’s credit application form or when a
Payment is processed using B2Bpay.
2.2 These Terms do not operate to vary or
affect in any way the meaning, operation and effect of any other contract to
which the Customer is a party including, without limitation, the BelBagno to
which fees Payments are applied and any agreement regulating the use by the
Customer of the card or bank Account identified in the CRF or used to pay fees
(the “Account”).
Your Account
3.1 The Customer is responsible for ensuring
that the entity (e.g. bank or other card issuer) issuing their Account will
fulfil Payments authorised by the Customer. The Customer is responsible for
ensuring that they have authority to nominate the Account used to process Payments.
3.2 BelBagno is not responsible or liable in
any way for any failure by any entity issuing the Account to remit Payments.
The Customer acknowledges that the entity issuing the Account may not permit
the use of the Account to process Payments using B2Bpay. The Customer is liable
for any and all expense, damage or loss incurred by B2Bpay in the event of the
misuse or unauthorised use or non-permitted use of the Account by the Customer
and the Customer must reimburse any such amounts to B2Bpay.
3.3 In order to use the B2Bpay service, the
Customer must over 18 years of age, an Australian permanent resident or citizen
and be the owner, operator or acting with the authorisation of an Australian
registered company or association, a sole trader or a partner in a business
partnership.
3.4 The Customer is responsible for ensuring
that the Payment is permitted under the terms of the Customer’s Account
including prohibitions that card issuers apply to the use of the Account for
the payment of finance, debt related or illegal activities. The Customer is not
permitted to use the service for Payments related to; adult services,
pornography, foreign exchange, share purchases, gambling, investments, mortgage
payments, illegal drugs, political donations, wages, payments to the Customer
or a related business entity, a self-managed super fund or any payment which is
not a bona fide payment as a result of a legitimate business expense. B2Bpay
may apply additional restrictions and may amend this list at any time without notice.
3.5 The Customer is solely responsible for the
provision and confirmation of correct Payment details including, but not
limited to, Customer details, amount, Payment reference, Merchant BSB and bank
account number or BPAY Biller Code. B2Bpay will not be liable for any
Payments made in accordance with details provided or selected by the Customer.
It is important that the Customer double checks Merchant banking or BPAY
details when initially adding or selecting Merchants.
Payment Procedures
4.1 The Customer will be deemed to have
provided unconditional authorisation for the Account to be debited or charged
with Payments when: the date for Payment of fees passes if the Customer has
nominated an automatic or future-dated Payment method; the Customer initiates
Payment at an electronic or online Payment terminal operated by B2Bpay or the
Merchant; the Customer’s Merchant initiates a Payment; the Customer replies to
a SMS and/or email Payment service provided by B2Bpay; and/or a Payment is
initiated via the B2Bpay website or support centre.
4.2 B2Bpay will not be liable for any
fraudulent or non-permitted use of the Account or any of the Payment methods
described in paragraph 4.1. The Customer must notify B2Bpay immediately if the
Account is lost or stolen by emailing info@b2bpay.com.au. A notice given by the Customer under this
paragraph will be deemed to be a Change Notice cancelling all Authorisations to
make Payments using the Account five days after B2Bpay receives the notice.
4.3 Regardless of when B2Bpay processes a
Payment in accordance with these Terms, the Payment will not be regarded as
completed unless and until the entity issuing the Account authorises and
settles the Payment according to the settlement arrangements relating to the
Payment. B2Bpay will not be obliged to process a Payment authorised under
paragraph 4.1 after normal banking transaction times or on a day trading banks
are not open for business until the next day upon which trading banks or card
schemes are open for business.
4.4 The Customer releases and indemnifies
B2Bpay from and against any action claim, loss, proceeding, cost, liability or
expense (a “Claim”) suffered or incurred by the Customer in relation to, in
connection with or as a direct or indirect result of any failure by the
Customer to make Payments unless that failure occurs due to a breach by B2Bpay
of these Terms.
4.5 As a separate, primary and severable
liability, you indemnify and must keep B2Bpay indemnified from and against any
Claim suffered or incurred by B2Bpay in relation to, in connection with or as a
direct or indirect result of any Payment or purported Payment pursuant to your
CRF, subsequently being rejected, invalidated or disputed. It is not necessary
for B2Bpay to seek recovery or enforce any right against any other person or
incur expense, loss, or damage or make Payment before enforcing a right of
indemnity conferred by these terms and conditions.
4.6 In the event of an automated or future
dated Payment subsequently being rejected by the Customer’s bank, card issuer
or another party, B2Bpay will apply a fee (a “Failed Payment Fee”) of $15
excluding GST. This Failed Payment Fee will be automatically deducted from the
Customer’s nominated Account within four days of B2Bpay receiving
notification of the rejected Payment. Should the Failed Payment Fee also become
rejected, B2Bpay reserves the right to cancel all Payment arrangements
immediately.
4.7 The Customer acknowledges that any
Payments made under this agreement that are subsequently disputed or reversed
or which B2Bpay is required to refund by the entity issuing the Account, will
not be forwarded to, or may be recalled from, the Merchant and the Customer
will be obliged to remake any such Payment due under the terms of the
Customer’s agreement with the Merchant. Should B2Bpay be unable to recall
or recover funds that have been disputed or reversed, the Customer is
responsible and liable for Payment to B2Bpay of the outstanding funds.
4.8 B2Bpay will make available a tax invoice
complying with GST legislation via the B2Bpay website.
Cancellation or Stopping
Payments
5.1 The Customer is responsible for advising
B2Bpay or altering their B2Bpay Payment settings if Payment ceases to be
payable and/or the Customer wishes to withdraw any Authorisation given (or
deemed to be given) according to paragraph 5.3 (an “Authorisation”).
5.2 The Customer acknowledges that any
Payments received by B2Bpay (other than any Payment Processing Fee and other
fees charged directly by B2Bpay) are remitted by B2Bpay to the Merchant and,
accordingly, any Payments that exceed the amount due by the Customer to
Merchant must be recovered directly by the Customer from the Merchant. The
Customer releases and indemnifies B2Bpay from and against any dispute or claim
arising from any Payment that is not actually due and/or payable. The Payment
Processing Fee and other fees charged directly by B2Bpay are not refundable
under any circumstances.
5.3 The Authorisations will be deemed to
continue unless and until the Customer updates their online Payment details or
notifies B2Bpay in writing that they are withdrawn (a “Cancellation Notice”). A
Cancellation Notice may not be effective until five business days has elapsed
from the date B2Bpay receives it. A Customer must execute a new CRF if the
Customer wishes to renew the Authorisations.
5.4 B2Bpay will make available online the
ability for Customers to amend or cancel their Payment settings. These changes
will be deemed to have replace previous Payment settings when changes are
successfully processed.
5.5 B2Bpay can terminate or limit the Payment
arrangements contained in these Terms at any time with or without notice to the
Customer.
5.6 The Customer acknowledges and agrees that
B2Bpay has no involvement in, and no responsibility or liability for, the
supply or delivery of goods or the performance of services between the Merchant
and the Customer and as such, the Customer agrees that all queries, disputes or
refund requests in relation to these goods or services will be taken up
directly with the Merchant. The Customer further agrees not to request any bank
or card issuer to stop, withdraw, dispute or refund any amount processed using
the Customer’s Account. The Customer indemnifies B2Bpay from any direct or
subsequent loss, including administration and recovery costs, as a result of
the Customer not following this terms of this schedule.
Privacy
6.1 B2Bpay and BelBagno will collect, use and
store any of your personal information in accordance with B2Bpay’s and
BelBagno’sprivacy policy (as varied from time to time).. Without limiting the
operation of the B2Bpay privacy policy, the Customer expressly authorises
B2Bpay to disclose any of the Customer’s personal or Payment information to the
Merchant and any other person nominated by the Merchant or to any bank, card
issuer, Payment processor, rewards or loyalty program, or service provider used
by B2Bpay to operate BelBagno. B2Bpay and Belbagno will
use the information specified on the CRF for the purpose of identifying the
Customer.
Reward programs
8.1 BelBagno may provide, directly or through
third parties, the ability for Customer to earn reward points or other benefits
as a result or Eligible Payments with B2Bpay. In addition, B2Bpay may
provide the ability for a Customer to redeem and/or transfer any earned reward
points or additional benefits to a linked loyalty program.
8.2 The Customer acknowledges that BelBagno has
not made any warranty in relation to the benefits, if any, that may accrue to
the Customer from making Payments by using the Account or any loyalty program.
The Customer acknowledges that the existence or extent of benefits (including
but not limited to reward points or interest free days) from using the Account
or loyalty program will depend on the terms and conditions upon which the
Account or loyalty program is issued to the Customer.
8.3 In addition to benefits that may be
provided to a Customer by using the Account (e.g. points provided by a bank or
card issuer), BelBagno may provide reward points or additional benefits to the
Customer for Eligible Payments made by the Customer.
8.4 Any points provided by BelBagno within
B2Bpay and not redeemed will expire 24 months after the earning of those
points.
8.5 B2Bpay and BelBagno retains the right at
any time to alter or cancel the terms of any reward points or benefit provided
by B2Bpay and BelBagno including the right at any time to reverse or withdraw
reward points or other benefits that have been provided to a Customer. This
change will effective from the date nominated by B2Bpay and may amend reward
points or benefits already earned by a Customer.
Qantas Business Rewards
9.1 Qantas Business Rewards is a rewards and
loyalty program operated by Qantas Airways Limited (‘Qantas’) ABN 16 009 661
901. Members of the Qantas Business Rewards Program who purchase specified
goods and/or services (Qantas Business Rewards Members) are able to earn Qantas
Points which may be redeemed in accordance with the Qantas Business Rewards
Program Terms.
9.2 Customers can earn Qantas Points by using
B2Bpay as follows:
– up to 3 Qantas Points for every $1.50 paid
to BelBagno via B2BPay only.
9.3 A business must be a Qantas Business
Rewards Member to earn Qantas Points for business. A one-off join fee of $89.50
including GST normally applies, however this will be waived for B2Bpay
Customers who use this url: http://www.qantasbusinessrewards.com/b2bpayfree. Membership and Qantas Points are subject to
the Qantas Business Rewards Terms and Conditions which are available at: https://www.qantasbusinessrewards.com/terms.
9.4 In addition to the points details in 9.2,
new Customers can receive additional Bonus Qantas Points based on ‘sign up
offers’ that as may be detailed from time to time on the BelBagno website or
communicated separately.
9.5 BelBagno and Qantas may provide
opportunities for Customers to earn Qantas Points. Additional terms may apply
to these Points earning opportunities.
9.6 Qantas Points earned by using BelBagno
will be credited to the Qantas Business Rewards Members’ Business Rewards
Account within 90 days of the eligible spend. Customers must ensure
the ABN registered with Qantas Business Rewards is saved in the B2Bpay Customer
profile or entered online on the B2Bpay website when paying in order to earn
Qantas Points. Qantas Points cannot be subsequently awarded.
9.7 These terms as they relate to the Qantas
Business Rewards program should be read in conjunction with the terms detailed
about in clause 8.
Miscellaneous
10.1 The Customer is liable for any and all
taxation implications relating to the Customer‘s participation in any rewards
or loyalty program which may result in the Customer receiving reward points or
other benefits as a result of using B2Bpay and / or an Account.
10.2 B2Bpay and BelBagno and any linked
rewards or loyalty program shall not be responsible and shall not have any
liability for any income tax or fringe benefits tax or other tax arising from a
Customer’s usage of B2Bpay.