RENTAL REWARDS / PROPERTYPAY
AGENT TERMS AND CONDITIONS – September 2023
- DEFINITIONS (AS USED IN THIS AGREEMENT)
Account holder means any person, other than a customer, who makes payment to you on behalf of a customer.
account holders account means any bank, credit or debit account that facilitates the debiting by the Rental Rewards of rent and other payments payable to you on behalf of a customer. commencement date means the date of this agreement or such other date as the parties may agree in writing.
customer means any person with whom you engage in a business transaction requiring payment to you including tenants, landlords, vendors and others.
customer’s account means any credit, debit or bank account nominated by the customer that facilitates the debiting by the Rental Rewards of rent and other payments payable to you. customer authorisation means a form of authority provided from your customer and reasonably required by us from time to time.
Beneficial Owner is a person who has effective control of the Merchant, owns more than 25% of the Merchant, or is a person on whose behalf a transaction is conducted. For the purposes of this agreement and when the entity is a partnership, sole trader, public company, or association, or when there is no Beneficial Owner, this includes an Authorised Representative who is authorised to sign this contract on behalf of the Merchant and who is in a position to assert significant influence over, or substantively stand behind the actions of, the Merchant.
Card (or Account) means the credit, debit or other account nominated or used to make a Payment to you.
Card Scheme means a central payment network (e.g., Visa, Mastercard or American Express) that uses credit and debit cards to process payments.
Card Scheme Rules means the rules, regulations and standards which regulate participants in a Card Scheme.
landlord means a landlord for whom you act as agent.
month means a calendar month.
nominated trust bank account means the bank account nominated by you in this or your previous agreements for the purpose of receiving deposits under clause 2.6.
nominated business account means the bank account nominated by you for payment of set up and service fees.
online payments page or WebPay means an online payment facility that may be available to you to process and/or collect rent and other payments during the course of this agreement.
privacy law means all legislation, principles, and industry codes and policies regulating the handling of personal information including the Privacy Act 1988 (Cth) and the National Privacy Principles contained in schedule 3 to that Act.
Rental Rewards or Rental Rewards Program means the program developed by ZenPay Pty Ltd ABN 63 056 881 942 trading as Rental Rewards Pty Ltd for the processing of payments.
rent in relation to a tenant, means the rent described in that tenant’s Tenants registration form or customer authorisation, being the rent payable or due to you by that tenant. For the purpose of this agreement, it also includes any other payments made to you by your customers and/or processed by you. review date means the date that is 1 year after the commencement date.
surcharge means the amount so described or described as the convenience fee or customer fee in the
Tenant Registration Form, customer authorisation or Online Payment Page.
tenant means a person who has an agreement relating to the payment of rent with you or a landlord for whom you act as agent.
Tenants Registration Form means an agreement between a tenant and us whereby the tenant or customer agrees to participate in the Rental Rewards.
- COLLECTION AND PAYMENT ARRANGEMENTS
You appoint us as your agent for the purpose of receiving rent and other payments paid to us using a customer’s or account holders account. This appointment is limited to the performance by us of acts necessary to receive these payments from your customers. We are not authorised to act on your behalf in any other capacity or to bind you in any other way.
2.2 No Collection
You acknowledge and agree that:
- we are not a collection agent;
- we are not responsible for collecting rent or liable if a customer fails to pay rent due to you or your principal;
- we are not obliged to do anything in addition to stated tasks to recover outstanding rent, participate in or resolve any dispute between you and a customer or levy any charges that you may wish to impose on a customer;
- this agreement does not alter your relationship with the customer in any way other than by nominating us the recipient of money that is otherwise payable directly to you by the customer; and
- this agreement does not oblige us to deal with your customers or with account holders except to the extent necessary to receive payments from them.
You must execute any documents reasonably required by your bank or us to give your customers permission and authority to pay their rent to us as your agent.
The Tenant Registration Form obliges the customer to pay the surcharge and any other applicable fees when utilising the Rental Rewards.
This agreement applies whenever customers make rent payments to you and/or us using a customer’s account. When you process and/or accept payments from customers via the online payments page, you may be able to pass the surcharge onto the cardholder or to absorb the fee by selecting an option within the section ‘Apply Convenience Fee?’.
We will cause the rent and other payments received by us from a customer or account holder to be transferred to your nominated trust bank account one business day after we receive it as cleared funds.
Our appointment is exclusive for any customer who wishes to pay rent to you or us (acting as your agent) using a customer’s account and, for the term of this agreement.
- CARD SCHEME & PAYMENT ACCOUNT PROVISIONS
3.1 Payment Account Acceptance
For all payment accounts, methods, or Cards that we agree with you to make available, you agree to:
- equally accept Customer transactions and to not unfairly preference or discourage the use of any payment account, method, or Card;
- have a fair, equitable and reasonable refund policy that is in accordance with industry standards and disclosed to your Customer at or before the time of purchase;
- accept payment accounts or Cards subject to the provisions of Card Scheme, processor or acquirer rules, provisions, or industry specific requirements;
- authorise us to submit transactions to, and receive settlement from, Card Schemes, processors, banks, or acquirers on your behalf;
- remove payment account, method or Card identification, logos and decals from your website, systems, and premises upon the termination of this agreement or our provision of that payment account or Card to you;
- not have libellous, defamatory, obscene, pornographic, or profane material, or any instructions on your website that may cause harm to any individuals or to brands associated with the operators of the payment accounts, methods, or Cards;
- confer on Card Schemes the third party right, but not the obligation, to enforce the terms of this agreement as necessary to protect the Card Schemes’ brands;
- indemnify Card Schemes against any liability or loss that they may suffer or incur arising from a breach by you of this agreement;
- Card Schemes, their affiliates, agents, successors, or assigns not being, in any event, liable to you for any damages, losses, or costs incurred, including incidental, indirect, speculative, consequential, special, punitive, or exemplary damages of any kind (whether based on contract, tort, including negligence, strict liability, fraud, or otherwise, or statutes, regulations, or any other theory), arising out of or in connection with the agreement; and
- us disclosing transaction and other data about you to Card Schemes, processors, or acquirers to enable us and them to operate and promote services, perform contractual obligations, report and analyse data, and for other lawful purposes.
3.2 Tri-Party Agreement
You acknowledge that due to Card Scheme Rules, where your card volumes exceed, or are reasonably expected to exceed, $1,000,000 per annum with either Visa or Mastercard:
- you may be required to enter into a Tri-Party agreement, that will be provided to you, between you, the acquirer and us in respect of all card transactions processed by the third-party acquirer that will be mentioned in the Tri-Party agreement; and
- we will be the provider of the services to you.
4. TERM & AMENDMENTS
This initial agreement will commence on the commencement date and continue until it is terminated in accordance with this agreement. Upon reaching the review date, this agreement is automatically renewed on its then current terms for a period equal to the original agreement unless either party provides 14 days written notice to the contrary prior to the review date. We reserve the right to vary or amend any term of this agreement and any change will be effective from the date that we post the change on the Rental Rewards/ PropertyPay website and you shall be deemed to accept this variance or amendment unless we receive written notice to the contrary within 14 days of the date of the posting of the
5.1 Our responsibilities
- During the term of this agreement we must:
- handle all enquiries from you about the operation of the Rental Rewards;
- handle all enquiries from your tenants participating in the Rental Rewards about the operation of the Rental Rewards;
- provide efficient payment methods to your customers to facilitate the efficient payment of rent and other payments due to you;
- receive rent and other payments on your behalf;
- provide an online payment mechanism, WebPay, (subject to its stated terms & conditions) for you to accept and/or process rent and other payments due to you;
- transfer funds, once cleared, due to you to your nominated trust bank account;
- provide a reconciliation file for monies deposited in your nominated trust bank account;
- use reasonable efforts to provide rent reminders by Email and/or SMS messaging to customers participating in the Rental Rewards in order to encourage and facilitate the efficient payment of rent;
- use reasonable efforts to provide payment failure notifications by Email and/or SMS messaging to customers participating in the Rental Rewards to encourage payment via alternative
5.2 Your responsibilities
During the term of this agreement you must:
- notify us in writing if you wish to change your nominated trust bank account or your nominated business account;
- ensure the Tenant Registration Form is correctly completed by you and the tenant;
- immediately deliver completed Tenant Registration Forms after they have been completed;
- when using the agent online payments page, agree to that facility’s stated terms & conditions;
- ensure that you hold customer authorisation from the customer for any one-off payments you process via the agent online payments page;
- disclose your participation in the Rental Rewards to any principal if the payment of rent due to that principal results in a benefit under the Rental Rewards;
- provide to us and authorise usage by us of your logo or similar branding in conjunction with the Rental Rewards.
6.1 Termination without cause
You may terminate this agreement at any time 1 year after the commencement date by giving us 6 months’ written notice of your intention to terminate.
Either you or we (the non-defaulting party) may terminate this agreement by giving notice to each other (the defaulting party) in the following circumstances:
- if the defaulting party fails to make any payment due under this agreement when due and that failure continues for a period of 5 days from the date of receipt of a notice requiring the defaulting party to remedy such failure;
- the defaulting party has breached or failed to perform any of its material obligations (other than payment obligations) under this agreement and where in the opinion of the non-defaulting party that breach, or failure is capable of remedy, it continues for a period of 14 days from the date of receipt of a notice requiring the defaulting party to remedy such breach or failure; or
- the defaulting party becomes insolvent.
6.3 Liability for termination
Termination of this agreement under clause 2 will be without prejudice to our respective rights (including the right to damages) at law or in equity.
Termination of this agreement under clause 1 or clause 5.2 will be without liability for either party in respect of the relevant event but will not affect a party’s rights in relation to any breach of this agreement prior to the termination.
6.4 Obligations on termination
On termination of this agreement, you must pay us any amount payable under this agreement. We will process this total payable amount upon termination of this agreement.
We indemnify you against any liability or loss that you may suffer or incur arising from a breach by us of our obligations under this agreement.
You indemnify us against any liability or loss that we may suffer or incur arising from a breach by you ofyour obligations under this agreement. This indemnity includes any liability or loss that we are liable for to a third party (including a sponsor of a bonus points program that you participate in) arising from a breach by you of your obligations under this agreement.
You agree to comply with all privacy laws which are binding on you or which we are bound to comply with and which are notified to you.
- DISPUTED PAYMENTS, CHARGEBACKS & REFUNDS
You must exercise care and take reasonable precautions to prevent fraudulent, illegal, reversed or disputed payments from occurring.
As you are the beneficiary of funds collected by us, the supplier of goods and services to the customer and the party privy to relationships with the customer, you bear all responsibility and liability for any reversed or disputed payments or other form of recovery of funds by us. You indemnify and hold us harmless from and against all claims, costs, liabilities and expenses suffered or incurred by us as a result of us being obliged, for any reason, to refund or reverse payments before or after the corresponding amount has been remitted to you.
We will promptly notify you if a payment is refunded by us, or if we receive notice of a disputed payment that might lead to such refund or disgorgement. You must do everything necessary on your part to enable us to avoid having to refund payments, including, for example, providing information about the goods and services supplied by you and the customer authorisation in relation to a payment.
9.4 Resolution of Disputes
Notice of a disputed payment or chargeback will be successfully refuted if you provide clear customer authorisation from your customer that is subsequently accepted by your customer’s or the account holder’s financial institution. Should the disputed payment or chargeback not be refuted, you will need to resolve the matter directly with your customer.
If we receive notice of a disputed payment and/or are required to refund or reverse all or part of any payment to a customer, an account holder or their bank or such a refund is debited from our account or otherwise disgorged, then:
we will be discharged from any obligation to remit that amount to you; and
you must reimburse us for that amount and/or we may set amounts due to you under this clause off against any other payments due by us to you and/or deduct amounts from your nominated trust bank account and/or nominated business account.
If you pay money to us in accordance with paragraph 8 and we subsequently recover funds from the customer, then we will hold the amount recovered in trust for you deposit it in your nominated trust bank account.
9.7 Licences & Authority
You represent and warrant to us that you hold all statutory licences and authorities necessary for the collection of payments. You acknowledge that we are not providing any payment facility in addition to our stated services.
9.8 Beneficial Owner
You as the Biller Beneficial Owner understand that we are obliged to undertake necessary identity checks on you and to confirm your beneficial ownership of the Company detailed in section 2. You provide consent for these checks which may involve confirming information using third party databases.
- AUTHORITY TO CREDIT & DEBIT
You authorise us to credit and debit your nominated trust bank account and/or nominated business account in accordance with the terms and conditions set out within this agreement.
10.2 Agent Fees
We will process applicable monthly service fees as detailed above on the twelfth business day of every month.
You authorise us to debit your nominated trust bank account and/or nominated business account of any previously credited amount that was subject to banking, system or human error and notified as such to you.
10.4 Payment Failure
Should the debiting of any payment due by you under this agreement be unsuccessful, we will retry debiting after an additional 5 business days. Should any amount due remain unpaid by this time, we will attempt to contact you and we reserve the right to immediately withdraw our services and/or to off-set any amounts due against any funds due to you.
Direct Debit Service Agreement
You hereby enter into this agreement with ZenPay Pty Ltd ABN 63 056 881 942 (ZenPay) and authorise ZenPay trading as Rental Rewards debit your current or future nominated bank accounts in accordance with this agreement.
Direct Debit Request: You request and authorise ZenPay Pty Ltd ABN 63 056 881 942, trading as Rental Rewards, and Zepto Payments Pty Ltd (User ID #600993) or Westpac (User ID: #543117) on behalf of the Payment Initiator (ZenPay) with whom you have a direct debit agreement, to arrange through its own financial institution, to debit from your nominated account(s) any amount the Payment Initiator has deemed payable by you. This debit or charge will be made through the Bulk Electronic Clearing System (BECS) from your account(s) held at the financial institution you have nominated and will be subject to the terms and conditions of the Direct Debit Request Service Agreement available on www.rentalrewards.com.au. These parties listed above do not accept any liability for the provision, merchantable quality or fitness for purpose of the underlying goods or services provided to you by the Payment Initiator and/or merchant and therefore you hold these parties harmless for any claim that may arise from the non-provision of services by the Payment Initiator and/or merchant or any other claim that may be made against the Payment Initiator and/or merchant under Consumer Law.