Payment Terms - PayTo

PayTo Service (AU)

For the purposes of our PayTo Service Agreement, references to "CompassPay," “Compass," "Company," "we," "us") refer to CompassPay Pty. Ltd, an Australian company registered under ACN 615 505 130 with its registered office at 36-38 Burwood Rd, Hawthorn VIC 3122. References to ("Customer," “Parent/Guardian,” "you," "your") refer to the Parent/Guardian who authorises payments under this Agreement.

This Agreement outlines the obligations regarding PayTo payment arrangements. Compass facilitates payments as an intermediary for the school and bears no liability for any obligations of the Parent/Guardian to any third party. By proceeding with a payment, you acknowledge and agree to the terms of this Agreement.

Definitions

account means the account held at your financial institution from which we are authorised to arrange for payments to be made on your behalf.

account number means the BSB and account number for the account.

authorisation means your authorisation of the payment arrangement or amendment of the payment arrangement with your financial institution.

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

Mandate Management Service means the secure database managed by NPP Australia Limited on behalf of our financial institution and if it supports PayTo services,

your financial institution.

NPP Addressing Service means the database of account proxy identifiers maintained by NPP Australia Limited.

 PayID® means the identifier which you have registered in the NPP Addressing Service and which you provide to us as the identifier for your account.

Our financial institution means the institution which processes payments under the payment agreement for us.

Payment agreement means the payment agreement between you and us which authorises us to arrange for payments to be made from your account.

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

Payment means a particular transaction where a payment is made from the account.

Payment agreement creation request means your request to us to create the payment agreement on your behalf.

Payment terms mean the value, cap and/or frequency of payments that you authorise us to arrange to be made under the payment agreement.

Service Agreement means the terms of this document.

Us or we means CompassPay Pty Ltd.

you means the customer who is authorised to operate the account.

your financial institution means the financial institution at which the account is held.

1. Establishing a Payment Agreement

1.1 By requesting to establish a Payment Agreement, you consent to: 

1. The use, disclosure, and recording of your details, including your account or PayID, in the Mandate Management Service; 

2. Compass facilitating payments in accordance with your instructions; 

3. Payments being processed in accordance with the agreed Payment Terms. 

1.2 If PayTo is not supported by your financial institution, an alternative payment methods will be offered. 

1.3 If your financial institution supports PayTo, your financial institution will retrieve the payment agreement creation request and deliver it to you, for you to view and to authorise at your discretion.

1.4 Your authorisation of the payment agreement creation request is required to be given to your financial institution in order for the payment agreement to be established. If your account is a joint account, your financial institution may need all joint account holders to authorise the payment agreement.

1.5 The method by which your financial institution communicates and delivers the payment agreement creation request to you is up to your financial institution.

2. Establishing a Payment Agreement

2.1 Your financial institution will provide you with a facility to view the payment agreements you have authorised. You may also contact us to confirm details of your payment agreement with us at https://policies.compass.education/[1] 

3. Payments Under the Payment Agreement

3.1 Once a Payment Agreement is established, Compass will initiate payments from your account. 

3.2 Payments will only be made in accordance with the agreed Payment Terms. 

3.3 If prior billing advice is required, we will notify you before the payment is initiated. 

3.4 PayTo operates 24/7, and payments may be processed on non-banking days. If necessary, payments may be deferred to the next banking day. If you are unsure about which day payments under the payment agreement will be made from your account, you should check with your financial institution.

4. Amendments and Termination

4.1 By Compass:

1. We may vary any details of this Service Agreement and any of our details included in the payment agreement at any time by giving you at least thirty (30) days written notice.

2. If we wish to vary any payment terms of the payment agreement, where required we will submit these as requested amendments to the payment agreement in the Mandate Management Service. Your financial institution will notify you of the amendment and seek your authorisation (where required). This will be recorded in the Mandate Management Service for the amendment to take effect.

3. We may suspend or cancel the payment agreement at any time. If we do so, we will not be able to arrange for payments to be made from your account.

4. The status of our payment agreement with you will be as represented by the record of the payment agreement in the Mandate Management Service. 

4.2 By the Parent/Guardian:

4.2.1. It is your responsibility to ensure that there are sufficient clear funds available in your account to allow a payment to be made in accordance with the payment agreement. 

4.2.2. If there are insufficient clear funds in your account to meet a payment:

1. we may re-try up to five times within 48 hours of the unsuccessful payment until the payment is made;

2. you may be charged a fee and/or interest by your financial institution; 

3. you may also incur fees or charges imposed or incurred by us; and 

4. failing payment under a re-try being successful, you must arrange for the 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 payment. 

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

5. Indemnity and Liability

5.1 Each party shall indemnify, defend, and hold harmless the other from any claims, losses, or damages arising from their respective obligations under this Agreement. 

5.2 Compass is not liable for any financial loss resulting from payment failures due to insufficient funds, incorrect payment details, or disputes between you and third parties.

6. Dispute

6.1 The record of the payment agreement in the Mandate Management Service is evidence of the value and frequency of payments that you have authorised us to have made from your account. If you believe that there has been an error relating to payments from your account, you may notify us directly on accounts@compass.education so that we can resolve your claim quickly.

6.2 If we conclude as a result of our investigations that a payment has been made incorrectly from your account, we will respond to your query and arrange for

your financial institution to adjust your account accordingly. We will also notify you in writing of the amount by which your account has been adjusted.

6.3 If we conclude as a result of our investigations that a payment has not been made incorrectly from your account, we will respond to your query by providing you

with reasons and any evidence for this finding in writing.

6.4 As an alternative to contacting us in the first instance, you may contact your financial institution. Your financial institution will be able to review the payment

agreement in the Mandate Management Service and the payment/s you believe have been made in error, and if appropriate recover the payment/s (plus interest

and charges) from us.

7. Force Majeure
7.1 No party shall be liable for any failure or delay in performing its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to natural disasters, government actions, strikes, or failures in telecommunications networks.

8. Choice of Law

8.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Victoria, Australia.

9. Entire Agreement and Amendments

9.1 This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements. 

9.2 Amendments must be made in writing and communicated via Compass’ website.

10. Confidentiality

10.1 We will keep any information (including your account details or PayID® details) in your payment agreement creation request confidential. We will make reasonable efforts to keep any such information that we have about you secure and to 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.

10.2 Information will only be disclosed: 

1. As required by law; or 

2. For the purposes of fulfilling this Agreement, including responding to queries or claims.

11. Acknowledgement & Acceptance

11.1 By proceeding with and authorising a payment, you acknowledge and agree to the terms outlined above and enter into this Agreement.