In Balance Fitness Terms & Conditions
IN BALANCE FITNESS Membership Terms & Conditions
Terms and Conditions of The In Balance Fitness Membership Agreement and Direct Debt Request (DDR) and Contract.
1. INTRODUCTION
The document outlines the rights and responsibilities relating to the Members entitlements during the Membership Period to use of the In Balance Fitness facilities. It also relates to the member's authority to Debitsuccess Pty Ltd to directly debit the nominated bank account or credit card for any instalments or fees under the terms and conditions of this Membership Agreement and DDR and contract. These terms are stated below.
2. DEFINITIONS
In this Agreement unless the contrary intention appears:
a. The singular includes the plural and vice versa.
b. A reference to a party includes that party's legal personal representative heirs and assigns.
c. "Member" includes the parent or guardian of the Member if the Member is under 18 years.
d. "Access Pass" means the In Balance Fitness membership card, and includes a 24/7 access card and a standard card, access key ring and/or access bracelet.
e. "Centre" means the In Balance Fitness Centre named on the Direct Debt Request (DDR) and Contract.
f. "Debitsuccess" is Debitsuccess Pty Ltd (ACN: 095 551 581), PO Box 577, Mt Waverly, Vic, 3149, Phone:1800 267 916, e-mail: Memberservice@Debitsuccess.com. All queries and comments about the services provided under this membership agreement should be directed to the Centre. The member acknowledges that Debitsuccess has been arranged by the Centre to collect fees due under this membership agreement if paying by way of direct debit, and acknowledges that all rights of the Centre under this membership agreement are able to be enforced by Debitsuccess as if it were the Centre without any involvement on the part of the centre or the consent of the member.
3. LEGALLY BINDING AGREEMENT
The member acknowledges and agrees that:
a. These terms and conditions and the Direct Debt Request (DDR) and contract is legally binding whether the use of the In Balance Fitness Centre and its services is determined and paid on a yearly, monthly, weekly or individual basis.
b. They declare that they are physically, mentally sound and medically fit and capable to engage in exercise and fitness programs at the centre and have and will inform instructors of any condition or risk that may have an effect on their ability to participate in any exercise or fitness program prior to commencement.
c. They are 18 years of age or older at the time of signing, and not under any legal disability. If not, a parent or adult guardian will sign also.
4. RECEPTION AND ACCESS PASS
a. I understand and accept that I must scan or present my Access Pass at reception every time I attend the Centre.
b. I understand and accept that I am not permitted to give my Access Pass to non-members to allow them to access the Centre.
c. I acknowledge and agree that if I grant access to the Centre to any friend or family member, I must ensure that they fill out the appropriate form for guest check-in (QR code), and that a casual user fee of $16 will be charged to my account on the next debit. In the event that the appropriate form is not filled out, I understand that my membership may be terminated immediately and I may be charged a $150 penalty, which will be automatically debited from my bank account or credit card. I also understand that this policy applies regardless of whether the person I grant access to exercises or not. I accept that I must not allow anyone access outside of this clause.
In Balance Fitness reserves the right to change the Manned Hours at any time without notice
d. If your Access Pass is lost, destroyed, or damaged and requires replacement a card fee of $50.00 applies for a replacement card.
e. If your Access Pass is lost or stolen, I will notify In Balance Fitness Centre immediately.
5. GENERAL CONDITIONS OF ENTRY
To ensure the Centre can provide a high level of service in a safe, healthy and pleasant environment for all, members must comply with following conditions:
a. In Balance Fitness Centre reserves the right to refuse entry, suspend or terminate membership without refund, or request ant person to leave the premises if that person does not behave in a responsible manner, uses abusive or unacceptable language, is under the influence of drugs and/or alcohol or does not adhere to general conditions of entry.
b. No smoking is permitted in the Centre
c. No chewing gum permitted in the Centre
d. Sweat towels must be used at all times.
e. Weights and equipment must be returned to their correct place after use
f. Correct training attire and runners must be worn in the Centre - no jeans, work clothes, boots, sandals, thongs, inappropriate gym clothing or clothing that is likely to cause offence to others are permitted.
g. No person under the age of 16 is allowed in the Centre unless accompanied by a qualified instructor or unless otherwise authorised by In Balance Fitness Centre Management.
h. No food allowed in the gym or group exercise classes
i. No late entry to a group exercise class unless In Balance Fitness Centre Staff allows in their sole discretion.
6. NEW MEMBER INDUCTION
a. I understand that on commencement of the membership (regardless of which membership type purchased) I, having completed the exercise readiness Par Q, will need to participate in a Member Induction. This includes but is not limited to, an explanation of the security and safety process, the gym rules, what to wear, and how to use the Access Pass.
b. I understand that if I cannot attend the induction appointment, I am required to provide notice via phone or email at least 24 hour prior to the appointment time.
c. I understand that if I do not provide valid notice and do not attend the scheduled appointment, I agree and accept that In Balance Fitness Centre has the right to automatically deduct a fee from my nominated bank account or credit card or I will be required to pay this amount at reception. A 30 minute appointment will incur a $25.00 fee for non-cancellation and a 60 minute appointment will incur a $50.00 automatic fee for non-cancellation.
7. PERSONAL PROPERTY (where provided)
a. In Balance Fitness Centre is not responsible for any lost, stolen, or damaged items, property or vehicles.
b. Bags are not permitted in the gym or fitness areas and must be placed in the lockers or storage spaces provided.
8. PAID IN FULL MEMBERSHIPS
a. If you decide to pay your membership in full, there will be no refunds available on the Membership or for any Access Pass if you decide to terminate your membership prior to the expiry date.
b. Unused time on a Paid in Full Membership will not be credited or refunded under any circumstances.
9. DIRECT DEBIT MEMBERSHIPS
a. If paying by Direct Debit the member agrees to pay the instalment amount at the agreed payment frequency until the Direct Debt (DDR) and contract is terminated in accordance with clause 11 below. Should there be any arrears in payments the member authorises In Balance Fitness Centre and/or Debitsuccess on behalf of In Balance Fitness Centre to debit the outstanding balance in order to bring the amount up to date.
b. Unless the minimum term option is selected on the DDR Request and contract, I understand that the DDR and Contract is a "flexi term contract", and at the end of my committed payment, the membership will continue, until I choose to cancel.
c. The contract shall continue indefinitely until such time as you, the Member, completes a cancellation form, in the In Balance Fitness Centre with a Centre staff Member. Once the Cancellation form is complete, the membership will be cancelled within 2 business days provided your account is in good working order. If the membership is within the minimum term, fees will be applicable as per clause 11 below.
d. If you are unable to attend the Centre to cancel your membership in accordance with clause c) above, you may request an email cancellation form. Once completed, an email cancellation will incur a 14 business day notice period.
e. In Balance Fitness Centre cannot accept cancellation requests via email of any membership whilst that membership is within the minimum term.
10. ADMINISTRATION FEE (DIRECT DEBIT)
a. If paying by Direct Debit, a one-off Administration fee to the value on the face of the contract is payable to Debitsuccess by the member on signing of the Direct Debit Request (DDR) and contract. The fee is split $10 to Debit Success and the remainder to In Balance Fitness Centre.
b. The Member also agrees and authorises In Balance Fitness Centre to add any fees owing under this clause, to the initial instalment to be paid by the Member (as a separate payment or otherwise) or to such other instalments as In Balance Fitness Centre may, in its sole discretion decide.

11. CANCELLATION/ TERMINATION
a. Cooling off period: The Direct Debt Request (DDR) and Contract is subject to a 7 day cooling off period:
i. The cooling off period commences on the date the member signs this Agreement and DDR and Contract.
ii. The cooling off period is 7 days.
iii. The cooling off period ends at close of business on the 7th day after the member first signs this Agreement and DDR and contract.
iv. New members have the right to cancel their membership within the cooling off period if they are not completely satisfied with the services and programs.
v. All monies will be refunded on a pro rata basis with the exception of fees for an administration fee, and/or the value of any induction services provided as per clause 6c of this Agreement whichever is the lesser of up to 10% or $75.
vi. If there has been an offer, promotion, service or gift provided by In Balance Fitness Centre as part of the membership offer, that offer, promotion, service or gift is also cancelled if the member chooses to cancel their membership during the cooling off period. Any tangible gifts or products provided to the member by In Balance Fitness Centre remain the property of In Balance Fitness Centre and must be returned upon cancellation of the cooling off cancellation.
vii. All cooling off cancellations must be in writing to In Balance Fitness Centre Management.
b. Direct Debit Membership: All Cancellation requests must be directed to In Balance Fitness management in accordance with Clause 9 above.
i. Cancellations inside the Minimum Term - The Member may terminate their Membership Agreement before the expiry of the minimum term or payments if all the installations and fees due up to the date of termination are paid, and in addition the cancellation fee as specified on the front of the Direct Debt Request (DDR) and contract is paid to In Balance Fitness Centre and/or Debitsuccess on behalf of In Balance Fitness Centre. If the cancellation fee option has not been selected or if a paper form was used and the option has been crossed out then the Direct Debt Request (DDR) and contract may not be cancelled before the expiry of the minimum term or payments. If early cancellation is granted by In Balance Fitness Centre, the early cancellation fee will be equal to 75% of the remaining balance of your agreement (but not less than $150).
ii. Cancellations after completion of the Minimum Term - After the expiry of the minimum term or payments, and after instalments and fees due have been paid in full, should option on the front of the Direct Debt Request (DDR) and contract requesting minimum term be selected then the Direct Debt Request (DDR) and contract shall automatically terminate. Should the option of the Direct Debt Request (DDR) and contract requesting termination after the minimum term not be selected, then the Direct Debt Request (DDR) and contract shall continue indefinitely until such time as the member makes a request, after the expiry of the minimum term for it to terminate. Any instalments/fees due at the date of termination (including instalments/fees which fall due during the notice period) will remain a debt owed to and recoverable by In Balance Fitness Centre. There will be a period of notice of 30 days unless otherwise specified by In Balance Fitness Centre between the date of request and the date of actual termination during which any payments due must still be paid in full.
The member should contact In Balance Fitness Centre if they have not received written confirmation of the termination within the 30 day period. The member shall not consider that the Direct Debt Request (DDR) and contract has been terminated until such time as this is confirmed in writing to the member by In Balance Fitness Centre (not more than 14 days after the termination date). Termination of the Direct Debt Request (DDR) and contract will also terminate the Direct Debt Request Authority.
12. TRANSFER OF MEMBERSHIP BY THE MEMBER
Transfer of membership will only be permitted from a member to a non-member and will incur a Transfer fee of $50.00. If paying by Direct Debit, this fee is payable to the Centre.
13. LATE PAYMENT FEE
a. I agree and accept that a late payment fee of $14.95 is payable by me to In Balance Fitness Centre for each reversal of payment initiated by Debitsuccess on behalf of In Balance Fitness Centre in accordance with this Agreement and the DDR and contract.
b. I authorise In Balance Fitness Centre to add any fees owing under this clause to any future instalments paid by me (as a separate payment or otherwise)

14. DEFERRING OR STOPPING A PAYMENT
a. Should you wish to defer a payment to another date you must contact In Balance Fitness Centre at least 2 business days before the date of that payment to request the deferment.
b. Deferments are entirely at the discretion of In Balance Fitness Centre Management and will depend on the length of deferment, the current state of your account and your past history.
c. You may request to stop an individual payment, however, you will still be liable to make this payment by some other method, by the due date, or your account will become overdue and late payment fees as per clause 13 above will be incurred by you.
15. ALTERING THE SCHEDULE
a. Should you wish to alter the payment frequency or day to Debit your account you will need to contact In Balance Fitness Centre Management who will contact Debitsuccess on your behalf. Any alteration requests will be at the sole discretion of In Balance Fitness Centre Management.
b. I accept that there may be a fee charged for this service.
c. I understand that any changes made will not affect the total amount I would otherwise have paid over the minimum term of the Membership Agreement and DDR and Contract.
16. ADDITIONAL FEES FOR A SPECIAL SERVICE
I understand and accept that some services require an additional fee, and these include personal training, and classes that may not apply to my membership category.
17. SUSPENSION
a. I understand and accept that I can suspend my membership for a period of a minimum of 1 week and up to 4 weeks over a 12 month committed period free of charge. This period is pro-rated for memberships less than 12 months. Any suspension outside that period or over 4 weeks will incur a fee of $5 per week for members outside the minimum term of their contract and $5 per week for suspensions over 4 weeks (excluding medical suspension with a valid medical certificate)
b. I understand and accept that I must provide at least 2 business days’ notice to suspend my membership and fill out the appropriate forms to submit to In Balance Fitness Centre Management.
c. All suspensions must run for days and weeks consecutively (no part weeks).
d. I understand that my account must be in good standing to qualify for a suspension.
e. Any time spent on suspension will be added to the minimum term of the DDR and Contract so that the sum of instalments payable for the minimum term or number of payments shall still be payable regardless of any suspension or suspension charges made.
f. I understand that if I wish to resume my gym activities early before expiry of the suspension, I must notify the In Balance Fitness Centre Staff to my account can be reactivated.
g. I understand that after my free suspension period I will be responsible for a reasonable processing fee during suspension and that billing will commence as usual upon the suspension expiring.
h. In the event of a Government lockdown, I understand that In Balance Fitness will charge a suspension fee of $5 per week that will be re-credited upon reopening the Centre. This is optional and I can opt out of this.

18. YOUR OTHER RESPONSIBILITIES
In addition to your responsibilities already mentioned, you are responsible for ensuring that your nominated account can accept direct debits. If it is not, it is your responsibility to provide In Balance Fitness Centre with a new account number.
19. DAMAGE TO THE CENTRE
Any member who wilfully or through their negligence damages causes damage to In Balance Fitness Centre and its property shall be responsible for the payment or repair or replacement. Members are also responsible for damage caused by their guests and children.
20. SAFETY, MAINTENANCE & SERVICE DEMAND
In Balance Fitness Centre Management may from time to time when necessary:
a. Close off any part of the premises or isolate any piece of equipment for maintenance (or any reason) at any time. In Balance Fitness Centre is not responsible or liable for such occurrences.
b. Adjust staffed hours, opening and closing hours or alter Group Exercise Timetable without notice.
c. Change In Balance Fitness Centre's Policies and Guidelines. Where this occurs, In Balance Fitness Centre will provide reasonable notice on the Centre notice board/s.
21. DAMAGE & PERSONAL INJURY
a. I, and if being a minor, my parents , guardian/s for and on behalf of myself, acknowledge that while on the premises of In Balance Fitness Centre or/and activity external to the premises and but organised, approved and endorsed by In Balance Fitness as an activity for me to take part in, both my property and person shall be at my own risk and I will not hold In Balance Fitness Centre liable for any personal injury or loss of property which may arise from the negligence of In Balance Fitness Centre, its employees, agents, independent contractors, voluntary workers and other uses of In Balance Fitness Centre.
b. To the extent permitted by the law, In Balance Fitness Centre excludes any liability to the Member in this Membership Agreement, tort, statute or in any other way for an injury, damage or loss of any kind whatsoever (including, without limitation, any liability for direct, indirect, special or consequential loss or damage), sustained by the Member and/or any other person, or for any cost, charges or expenses incurred by the Member, arising from in connection with the Direct Debt Request (DDR) and contract and/or the services/ products provided by the Centre and/or Debitsuccess, and/or any act or omission of the Centre and/or Debitsuccess. Warning under the Australian Consumer Law and Fair Trading Act 2012 (Victorian memberships only)
A. If you participate in these activities your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the activities were not supplied with due care and skill or were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in or on this notice.
B. Under the Australian Consumer Law (Victoria) several statutory guarantees apply to the supply of certain goods and service. These guarantees mean that the supplier named on this form is required to ensure that the recreational service it supplies to you:
*are rendered with due care and skill; and
*are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
*might reasonably be expected to achieve any result you have made know to the supplier.
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form. NOTE: the change to your rights as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier's part. Gross negligence, in relation to an act or omission means doing the act or omission to do an act with reckless, disregard, with or without Australian Consumer Law and Fair Trading Act 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
22. SERVERABLITLY
In the event any part of this Agreement and Direct Debt Request (DDR) and Contract being or becoming void or unenforceable then the part shall be severed for the Direct Debt Request (DDR) and Contract with the intention that the balance of the Direct Debt Request (DDR) and Contract shall remain in full force and effect, unaffected by the severance.
23. BREACH OF TERMS & CONDITIONS
Any breach of these terms and conditions will result in a warning and any further breach will result in a second warning and your membership may be suspended or terminated. A proven serious breach of the general conditions of entry under Clause 5 may be result in immediate termination of your membership without warning. The Member, and In Balance Fitness each hold reciprocal rights of termination for the material breach of any term or condition of this Agreement. This Agreement will be terminated upon receipt of written notice outlining the relevant breach.
24. TRANSFER OF MEMBERSHIP BY THE CENTRE
a. The Member's obligations under this Agreement and the DDR and Contract are not affected by a reasonable change in the normal location of In Balance Fitness Centre's premises, a change in ownership of the Centre or a change of name of the Centre.
b. In the event of Clause 24(a) above occurring you agree that the Direct Debt Request (DDR) and contract will continue with the new third party and/or at the new location.
25. PRIVACY
a. A customers "personal information" (as that term is defined in the Privacy Act 1988(Cth)) will only be used by the Centre or Debitsuccess to provide you with the services contemplated by the Direct Debt Request (DDR) and contract or in accordance with your selection relating to the privacy disclaimer on the front page of the (DDR) and contract.
b. Debitsuccess Privacy Statement is to be found on its website: www.Debitsuccess.com.
c. The In Balance Fitness Centre's Privacy Statement can be viewed on In Balance Fitness centre's webpage: www.In Balancefitness.com.au
26. CREDIT/DEBIT REPORTING AGENCIES
If paying by Direct Debit, you authorise:
a. In Balance Fitness Centre to notify any debt collection or credit reporting agency upon default of the Member in regard to any obligation to pay under this Agreement and the DDR and Contract;
b. agree to immediately pay the full outstanding balance of the payment due, including any current arrears, should a default occur before this Agreement and the DDR and Contract terminating;
c. In Balance Fitness Centre to add $50 to the outstanding debt as its fee for dealing with the default; and
d. agree to pay any and all costs incurred as a result of debt collection including the commission, fees and costs charged by any debt collection agency (approximately 25% of the outstanding debt).
27. INCREASE IN FEES
If paying by direct debit:
a. In Balance Fitness Centre may at any time AFTER the end of the minimum term, upon sending written notice to the members last known address or email address and giving 14 days' notice, increase the instalment amount.
b. If the member wishes to terminate the Direct Debt request (DDR) and contract as a result of the increase in the amount, the member must notify In Balance Fitness Centre Management in writing within 14 days of the date of the written notice sent by In Balance Fitness Centre. The membership agreement will be terminated upon receipt of this notice.
c. If the member does not notify In Balance Fitness of the intention to terminate the Direct Debt Request (DDR) and contract within the specified time period, then the (DDR) and contract will remain in force and the increase in the instalment amount will be deemed to be accepted by the member.
28. ENTIRE AGREEMENT
a. The Agreement and the Direct Debt Request (DDR) and contract, constitutes the entire agreement, understanding and arrangement (express and implied) between the member, In Balance Fitness Centre and Debitsuccess relating to the subject matter of the (DDR) and contract and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.
29. ADDITIONAL TERMS AND CONDITIONS
a. For security purposes, In Balance Fitness uses video surveillance equipment to monitor the Centre 24 hours and 7 days per week. By signing this agreement and the DDR Contract, you acknowledge that you will be subject to video, audio surveillance and recording. Video surveillance is limited to the floor area only and is not within the walls of the bathrooms or assessment rooms.
b. The member expressly indicates an understanding of the risks associated with undertaking activities in an unmanned and unsupervised centre and hereby releases, indemnifies and holds harmless In Balance Fitness Centre, their respective owners, officers, affiliates, agents and their employees in the event that I suffer personal loss, am injured or killed in the centre. Further, the member provides this release whether it arises from the negligence of the Centre or otherwise and does so with the intention that this release shall be as broad and inclusive as the laws of the state allow.
c. I fully understand and accept that any charges associated with pressing or activating duress buttons for any reason other than an emergency will be covered by me and those costs will be automatically debited from my bank account or credit card.
d. Under no circumstance is a Member to leave a child unattended with the In Balance Fitness Centre Premises or a parked vehicle at In Balance Fitness Centre. In Victoria, it is an offence for a person responsible for a child to leave that child unattended for any longer than is reasonable, without making appropriate arrangements for the child's supervision and care. This includes leaving a child at home, or in a car, or anywhere else unattended. In Balance Fitness Centre has a duty of care to report any member found leaving a child unattended to the Department of Human Services, Police, or relevant government department.
30. DISPUTES
a. If you dispute a Direct Debit payment, you must notify In Balance Fitness Centre management immediately. In Balance Fitness Management will respond to your dispute within 7 working days.
b. If you do not receive a satisfactory response from In Balance Fitness in relation to your dispute, please contact your financial institution in accordance with the Direct Debt Request Service Agreement attached.
I acknowledge that I have read and fully understand and agree to the terms, conditions, policies and instructions contained within this Agreement and within the Direct Debt Request (DDR) and Contract and the attached Direct Debt Request (DDR) Service Agreement.

DIRECT DEBT REQUEST (DDR) SERVICE AGREEMENT
DEBITSUCCESS DIRECT DEBIT REQUEST (DDR) SERVICE AGREEMENT
This DDR Service Agreement is designed to explain what your obligations are when undertaking a direct debit arrangement involving Debitsuccess. It also details what our obligations are to you and forms part of the terms and conditions of your Direct Debit Request and should be read in conjunction with your Direct Debit Request.
INITIAL TERMS
I/We authorise Debitsuccess Pty Limited (ACN: 095 551 581) (Debitsuccess) APCA User ID 184534 to make periodic debits on behalf of the "Business" as indicated on Direct Debit Request.
I/We acknowledge that if specified by the Business, in addition to the agreed periodic debits set out in the Direct Debit Request, administration/setup, variation, reversal, dishonour, or processing fees may also apply and be debited under the Direct Debit Request as instructed by the Business.
RELATIONSHIP
I/we acknowledge that Debitsuccess has been contracted by the Business to collect the payments due under the agreement that I/we have entered into with the Business pursuant to which I/we have agreed to pay for goods/services provided by the Business (Agreement). All payments due by me/us to the Business shall be made to Debitsuccess.
I/We acknowledge that Debitsuccess is acting as an agent of the Business and that Debitsuccess does not provide any goods or services, and has no express or implied liability in relation to the goods and services provided by the Business or the terms and conditions of any agreement with the Business. I/We acknowledge that Debitsuccess sole responsibility is to make periodic debits as set out in the Direct Debit Request
CLEARED FUNDS
I/We acknowledge that is my/our responsibility to ensure that there are sufficient cleared funds in the nominated account by, and at all times on, the due date of the payment (Day to Debit) to enable the direct debit to be honoured on the Day to Debit.
I/We acknowledge and agree that sufficient funds will remain in the nominated account until the direct debit amount has been debited from the account and that if there are insufficient funds available when the debit is attempted, I/we agree that I/we will be responsible for any fees and charges that may be charged by my/our Financial Institution and by the Business.
VARIATIONS TO DEBIT TERMS
I/We authorize Debitsuccess to vary the amount of the payments upon instructions from the Business, and where such instructions from the Business are received by Debitsuccess, I/we do not require Debitsuccess to notify me/us of such variations to the debit amount.
I/We acknowledge that Debitsuccess/or the Business is to provide 14 days' notice if varying the terms of the debit arrangements otherwise than as provided for herein.
I/We acknowledge that my/our requests to vary, defer or stop the debit arrangement must be directed to the Business.
CANCELLING THESE DEBIT TERMS
I/We understand that I/we are able to cancel this DDR Service Agreement by requesting this of the Business or my/our Financial Institution, and I/we acknowledge that cancellation of the authority to debit my/our account will not terminate my/our agreement with the Business or remove my/our liability to make the payments I/we have agreed to.
NON WORKING DAY
When the Day to Debit falls on a weekend or public holiday the debit will be initiated on the next working day.
DISHONOURED PAYMENTS
I/We acknowledge that:
(a) if a debit is returned by my/our Financial Institution as unpaid, I/we will be responsible for any fees and charges charged by the Business as a result, in addition to any Financial Institution charges and collection fees; and
(b) Debitsuccess may attempt to re-process any unsuccessful payments as advised by the Business and/or add such unsuccessful payment to any future payments.
ACCURACY OF INFORMATION
I/We acknowledge that it is my/our responsibility to ensure that the details entered on the Direct Debit Request are correct and that Debitsuccess is not liable to the extent that any such details are incorrect and this causes a required payment to be missed. In addition, where I/we are paying the required payments by credit card and have entered the details of the credit card on the Direct Debit Request, I/we agree that Debitsuccess may continue to debit from the credit card in accordance with the terms of this DDR Service Agreement to the extent that the credit card has expired, and that it is wholly my/our responsibility to provide details of any replacement credit card to Debitsuccess via the Business.
DISPUTES I/We acknowledge that any disputes regarding debit payments will be directed to the Business. If no resolution is forthcoming, I/we understand that I/we are to direct any such dispute to my/our Financial Institution.
OTHER AUTHORISATIONS I/We authorise:
(a) Debitsuccess to verify details of my/our account with my/our Financial Institution; and
(b) The Financial Institution to release information allowing Debitsuccess to verify my/our account details.
(c) Any notices to be given to me/us by electronic mail to the email address on the Direct Debit Request (or any other email address notified in writing by me/us). I/we acknowledge that:
(a) This DDR Service Agreement will remain in force and effect in respect of all direct debits passed to my/our account in good faith notwithstanding my/our death/bankruptcy or other revocation of this DDR Service Agreement until actual notice of such event is received by the bank.
(b) Any dispute as to the correctness or validity of an amount debited to my/our account shall not be the concern of the bank except in so far as the direct debit has not been paid in accordance with this DDR Service Agreement. Any other dispute lies between me/us and the Business.
INFORMATION SECURITY
We are collecting your personal information for the sole purpose of completing this direct debit arrangement. Debitsuccess agrees that it will make reasonable efforts to keep your information contained in the Direct Debit Request (including account details) and any other information that we have about you confidential and secure and will ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information. You may request access to, and correction of, any personal information held by Debitsuccess by writing to Debitsuccess at the address below. You acknowledge that your personal information will be collected, used, held and disclosed in accordance with the Debitsuccess Limited Privacy Policy found at https://www.debitsuccess.com.au/privacy-policy
Debitsuccess will only disclose information that we have about you:
(a) to the extent specifically required by law;
(b) to Financial Institutions participating in the direct debit payment system in connection with a claim made on it relating to an alleged incorrect or wrongful debit; or
(c) for the purposes of this Agreement (including disclosing information in connection with any query or claim). Should you have any queries in relation to these terms and conditions contact:
Debitsuccess Pty Ltd.
P.O. Box 577 Mt Waverley, VIC, 3149
Phone: 1800 148 848
E-mail: customerservice@debitsuccess.com