1. Definitions

Agreement means this Direct Debit/Credit Request Service Agreement between you and us.
Business Day means any day from Monday to Friday excluding public holidays in the State of Victoria.
Debit Day means the day that payment of the Monthly POS Solution Fees by you to us is due.
Debit Payment means a particular transaction where a debit is made.
Direct Debit/Credit Request means the Direct Debit/Credit Request signed by you to which this Agreement is attached.
Monthly POS Solution Fees means the fees payable under the relevant agreement between you and us, and which are payable monthly under the Agreement, as determined by us.
National means the National Australia Bank Limited A.C.N. 004 044 937.
Online Ordering Revenues means any revenue that we receive from consumers from Online Orders.
Online Ordering Fees means the online ordering fees that we charge for Online Orders.
Online Orders means an order from a consumer placed via us in any online platform operated by us, for any food or other items to be supplied by you.
us or we means Deliverit Software Pty Ltd ABN 85 065 049 238.
you means the person who signed the Direct Debit/Credit Request.
Your Account means the account held with a financial institution set out in a Direct Debit/Credit Request.
Your Financial Institution is the financial institution where you hold the Account that you have authorised us to arrange to debit.

2. Debiting your account

2.1 By signing a Direct Debit/Credit Request, you have authorised us to arrange for funds to be debited from Your Account. You should refer to the Direct Debit/Credit Request and this Agreement for the terms of the direct debit/credit arrangement between us and you.
2.2 We will only arrange for funds to be debited from Your Account as authorised in the Direct Debit/Credit Request or verbally by you.
2.3 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 following Business Day. If you are unsure which day Your Account has or will be debited you should ask Your Financial Institution.

3. Crediting your account

3.1 By signing a Direct Debit/Credit Request, you have authorised us to deposit funds into Your Account being the funds collected by us less our Online Ordering Fees.
3.2 If the credit day falls on a day that is not a Business Day, we may credit Your Account on the following Business Day.

4. Changes by us

4.1 We may vary any details of this Agreement or a Direct Debit/Credit request at any time by giving you at least fourteen (14) days’ written notice.

5. Changes by you

5.1 Subject to 5.2 and 5.3, you may change the arrangements under a Debit/Credit Request by contacting us on 0419 811 511.
5.2 If you wish to stop or defer a Debit Payment you must notify us at least fourteen (14) days before the next Debit Day. This notice should be given to us in the first instance.
5.3 You may also cancel your authority for us to debit/credit Your Account at any time by giving us fourteen (14) days’ written notice before the next Debit Day. This notice should be given to us in the first instance.

6. Your obligations

6.1 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/Credit Request.
6.2 If there are insufficient clear funds in Your Account to meet a Debit Payment:
(a) 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;
(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.
6.3 You should check Your Account statement to verify that the amounts debited from Your Account are correct.
6.4 If the National is liable to pay GST on a supply made by the National in connection with this Agreement, then you agree to pay the National on demand an amount equal to the consideration payable for the supply multiplied by the prevailing GST rate.

7. Dispute

7.1 If you believe that there has been an error in debiting Your Account, you should notify us directly on 0419 811 511 and confirm that notice in writing with us as soon as possible so that we can resolve your query more quickly.
7.2 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.
7.3 If we conclude as a result of our investigations 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.
7.4 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. 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.

8. Accounts

8.1 You should check:
(a) with Your Financial Institution whether direct debiting is available from Your Account as direct debiting is not available on all accounts offered by financial institutions.
(b) Your Account details which you have provided to us are correct by checking them against a recent account statement; and
(c) with Your Financial Institution before completing the Direct Debit/Credit Request.

9. Confidentiality

9.1 We will keep any information (including Your Account details) in your Direct Debit/Credit 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.
9.2 We will only disclose information that we have about you to the extent specifically required by law; or for the purposes of this Agreement (including disclosing information in connection with any query or claim).

10. Notice

10.1 If you wish to notify us in writing about anything relating to this Agreement, you should write to Deliverit Software at PO Box 8181, Burwood Heights 3151, Victoria.
10.2 We will notify you by sending a notice in the ordinary post to the address you have given us in the Direct Debit/Credit Request.
10.3 Any notice will be deemed to have been received two business days after it is posted.