Direct Debit Request Service Agreement

By signing this Direct Debit Request and/or by providing a valid instruction with respect to the Customer’s Direct Debit Request, the Customer acknowledges that the Customer has read and understood the governing terms and conditions detailed in this Direct Debit Request and the Direct Debit Request Service Agreement and agrees to the debit arrangement between Monoova and the Customer. The Customer further acknowledges that Monoova will appear as the merchant on the Customer’s bank statement.

If this Direct Debit Request Form is signed by a person (including by a person on behalf of, or as an officer of, a person) by use of an electronic signature (including by signing on an electronic device or by digital signature, whether directly on the electronic document or by a platform for hosting electronic copies of documents), then the person unconditionally:

a) authorises their use of an electronic signature be affixed or otherwise applied to this document (including to any digital copy of it);

b) agrees that Monoova, Monoova Services Pty Ltd (ABN: 77 656 074 645) (”Monoova Services”), Monoova Global Payments Pty Ltd (ABN 77 106 249 852) (‘‘Monoova Global’’) and any related entities  in the group under Monoova Limited (ABN 39 660 380 370), and all other persons signing (at anytime) any part of this Direct Debit Request (including any digital copy of it) may rely on the electronic signature as having the same force and effect as a handwritten signature on a paper copy of the Direct Debit Request and as though all persons signing this Direct Debit Request signed at the same time and in the same place in the presence of each other;

c) consents to any method the other persons use (at their discretion) to sign this Direct Debit Request (including to any digital copy of it), to any order of signing it and at the time of signing it without being in the presence of any other signatory;

d) confirms their intention to enter into a binding legal agreement however they and other persons sign this Direct Debit Request; and

e) to Monoova, Monoova Services, Monoova Global and any related entities in the group under Monoova Limited using any method to identify any signatory and to verify the application by the signatory of that person’s electronic signature (but without any express or implied obligation to verify beyond reasonable doubt as to the application of the electronic signature).

‍

Definitions

Account means the account/s nominated by You for acceptance of credit and debit entries under this Agreement and may include Your Virtual Account.

Agreement means this Direct Debit Request Service Agreement which is between you and us.

Business Day means a day other than a Saturday or a Sunday or a public holiday listed throughout Australia.

Debit Day means the day that payment by you to us is due.

Debit Payment means a particular transaction what a debit is made.

Direct Debit Request means the Direct Debit Request between us and you (and includes any Form PD-C approved for use in the transitional period).

Us or We means Monoova Payments Pty Ltd (ABN 38 126 015 227 trading as Monoova, the entity whom you have authorised by signing a direct debit request.

You means the customer who has authorised the direct debit arrangement and who is identified in the direct debit request.

Your Financial Institution is the financial institution where you hold the account that you have authorised us to arrange to debit.

‍

11. Debiting your account

1.1 By signing a Direct Debit Request or by providing us with a valid instruction, you have authorised us to arrange for funds to be debited from your Account. You should refer to the Direct Debit Request and this Agreement for the terms of the arrangement between us and you. We will only arrange for funds to be debited from your Account when amounts are due or reasonably anticipated to become due to us.

1.2 If the Debit Day falls on a day that is not a Business Day, we may direct Your Financial Institution to debit your Account on the previous Business Day. If you are unsure about which day your account has or will be debited you should ask your financial institution.

‍

2. Changes by us

2.1 We may vary any details of this Agreement or a Direct Debit Request at any time by giving you at least thirty (30) days’ written notice.

‍

3. Changes by you

3.1 You may change the arrangements under a Direct Debit Request in the manner set out in clauses 3.2 and 3.3 below.

3.2 If you wish to stop a Debit Payment you must notify us via telephone and in writing by email, at least three (3) full Business Days before the value date of the transaction between you and us, and you must at or before such notification obtain our written agreement to an alternative means of payment by you. You cannot defer a Debit Payment. This notice should be given to us in the first instance.

3.3 You may also cancel your authority for us to debit your account at any time by giving us notice via telephone and in writing by email, at least three (3) full Business Days before the value date of the transaction between you and us, and you must at all times before such notification obtain our written agreement to an alternative means of payment by you. This notice should be given to us in the first instance.

‍

4. Your obligations

4.1 It is your responsibility to ensure that there are sufficient clear funds available in your account to allow a Debit Payment to be made in accordance with the Direct Debit Request.

a) If you may be charged a fee and/or interest by Your Financial Institution;

b) you may also incur fees or charges imposed or incurred by us; and

c) you must arrange for the Debit Payment to be made by another method or arrange for sufficient clear funds to be in your account by an agreed time, so that we can process the debit payment.

4.2 The fact that there are insufficient funds in your account does not mean you are no longer liable to us for the moneys due to us, and the terms of clause 4.2 above do not limit our rights against you.

4.3 You should check your account statement to verify that the amounts debited from your account are correct.

‍

5. Dispute

5.1 If you believe that there has been an error in debiting your account, you should notify us in writing as soon as possible so that we can resolve your query.

5.2 If we conclude as a result of our investigations that your account has been incorrectly debited, we will respond to your query by arranging for Your Financial Institution to adjust your account (including interest and charges) accordingly. We will also notify you in writing of the amount by which your account has been adjusted.

5.3 If we conclude as a result of our investigation that your account has not been incorrectly debited, we will respond to your query by providing you with reasons and any evidence for this finding.

5.4 Any queries you may have about an error made in debiting your account should be directed to us in the first instance, so that we can attempt to resolve the matter between us and you.

5.5 If we cannot resolve the matter you can still refer it to Your Financial Institution which will obtain details from you of the disputed transaction and may lodge a claim on your behalf.

‍

6. Accounts:

6.1 You should, with your financial institution:

a) check direct debiting is available from your account as direct debiting is not available on all accounts offered by Your Financial Institutions;

b) ensure that the account details which you have provided to us are correct by checking them against a recent account statement; and

c) discuss any queries you have about how to complete the Direct Debit Request, prior to signing it.

‍

7. Confidentiality

7.1 We will keep the information in your Direct Debit Request form (including your account details) confidential. We will make reasonable efforts to keep any such information that we have about you secure and make reasonable efforts to inform our employees or agents who have access to information about you that they are not to make any unauthorised use, modification, reproduction or disclosure of that information.

7.2 We will only disclose information in your Direct Debit Request:

a) to the extent specifically required by law; or

b) for the purposes of this Agreement or any written agreement or written arrangement between you and us (including disclosing information in connection with any query or claim).

‍

8. Notice

8.1 If you wish to notify us in writing about anything relating to this agreement, you should write email Us at  support@monoova.com

8.2 We shall not be treated as having received any written notice from you until actual receipt by us.

8.3 We will notify you by sending a notice in the ordinary post to the address you have given us in the direct debit request.

8.4 Any notice from us to you will be deemed to have been received two (2) Business Days after it is posted.

‍

9. Overriding Terms

9.1 If there is any inconsistency between this Agreement and any other written agreement or written arrangement between you and us, then the terms and conditions of that other written agreement/ shall prevail to the extent of any inconsistency.

‍