TERMS & CONDITIONS
1. It is agreed that:
- Marketing Costs will be paid (subject to clause 2) by You in FOUR (4) equal instalments and these instalments will be by direct debit from Your Account or charged to your credit card as follows: The first instalment – 30 days after the date of this Agreement. The second, third and fourth instalments on the corresponding date of each subsequent month (for example, if the first instalment is made on the 15th of April then the second instalment will be paid on the 15th of May etc).
- The total amount of print advertising (cost) is determined by advertisements published in the magazine e.g. if 4 advertisements are booked and only 2 appear you will only be charged for 2. Importantly, only published advertising can be charged. If your advertising campaign is stopped, only the advertising that has appeared will be charged.
- A 3.5% Administration Fee is calculated on top of the Payment Plan amount. This fee is non refundable.
- Any additional Marketing Costs over and above the current Payment Plan amount requires an “Amendment Form” to be signed by you and your agent, any additional spend will be added and split evenly across the remaining payment/s or if sold, upon settlement of the property.
2. If any contract of sale is entered into relating to any property advertised by You for sale, You agree that any unpaid amount of the Total Payment Plan will become immediately due and payable to the Company and may be directly debited from Your Account or charged to your credit card up to 3 days after the settlement of the contract of sale.
3. Termination of Payment Plan
- You agree: The Company can, in its absolute discretion, withdraw this My Payment Plan Agreement and Direct Debit/ Charge Request at any time; You will pay to the Company any amount of the Marketing Costs demanded by the Company as and when required in any demand made by the Company; To pay all legal costs and outlays incurred by the Company in pursuing any money due and owing by You to the Company under this Agreement or the Company enforcing any other rights it may have against You. Therefore any advertising placed with the Company on your behalf by the Agent is considered approved.
- You consent to and authorise: The Company obtaining information about You; The Company to use, disclose and or exchange information to: Determine your ability to pay money due and owing to the Company; Pursue You for any unpaid money due and owing by You to the Company; The release of any information the Company may reasonably request from any real estate agency that has been appointed by You to sell any property to which your advertising relates; and Any real estate agency to instruct the Company to place advertisements on Your behalf for your advertising campaign.
5. You will do certain things
- You: will ensure Your Account always has sufficient funds to meet any payment when it is due; acknowledge and agree that additional fees and charges may be incurred and added to the outstanding Payment Plan amount if there are insufficient funds in Your Account to meet any payment when it is due; will ensure a direct debit facility is able to be operated on Your Account by your financial institution.
- Marketing Costs – means the advertising and related marketing costs of your Property ;
- Payment Plan– means all money due and owing to the Company for marketing costs as listed on Page 1 of this form
- Company – means 20/20 Publishing Pty Ltd ACN 131 089 793.
- Us or We – means 20/20 Publishing Pty Ltd ACN 131 089 793.
- You or Your – means any person who has signed the Direct Debit / Charge Request Schedule as Vendor.
- Your Account – means the account or credit card detailed in the Direct Debit/ Charge Request Schedule.
DIRECT DEBIT REQUEST – SERVICE AGREEMENT (as per BOQ documentation)
- account – means the account held at your financial institution from which we are authorised to arrange for funds to be debited.
- agreement – means this Direct Debit Request Service Agreement 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 where a debit is made.
- direct debit request – means the Direct Debit Request between us and you
- us or we – means 20/20 Publishing Pty Ltd (the Debit User) you have authorised by signing a direct debit request.
- you – means the customer who signed 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.
- By signing a direct debit request, 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 as authorised in the direct debit request.
- 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 about which day your account has or will be debited you should contact us.
2. Changes by us
2.1 We will not vary any details of this agreement or a direct debit request without giving you at least fourteen (14) days written notice.
3. Changes by you
3.1 If you wish to change the arrangements under a direct debit request you must notify us in writing at least fourteen (14) days before the change is to be effective.
3.2 If you wish to stop or defer a debit payment you must notify us in writing at least fourteen (14) days before the next debit day. This notice should be given to us in the first instance.
4. Your obligations
4.1 It is your responsibility to ensure that:
(a) to ensure the DDR is signed in terms of account signing authority (i.e. joint accounts);
(b) to ensure we are advised if your account is transferred or closed;
(c) to arrange a suitable alternative payment arrangement if the DDR is cancelled;
(d) there are sufficient clear funds available in your account to allow a debit payment to be made in accordance with the direct debit request.
4.2 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; 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.
4.3 You should check your account statement to verify that the amounts debited from your account are correct
4.4 If 20/20 Publishing Pty Ltd is liable to pay goods and services tax (“GST”) on a supply made in connection with this agreement, then you agree to pay 20/20 Publishing Pty Ltd on demand an amount equal to the consideration payable for the supply multiplied by the prevailing GST rate.
5.1 You may cancel your authority for us to debit your account at any time by giving us seven (7) days notice in writing before the next debit day.
5.2 20/20 Publishing Pty Ltd can decide at its discretion to cancel this DDR should the dishonour history warrant.
6.1 If you believe that there has been an error in debiting your account, you should notify us directly on 07 5444 0152 and confirm that notice in writing with us as soon as possible so that we can resolve your query more quickly.
6.2 If we conclude as a result of our investigations that your account has been incorrectly debited we will respond to your query by passing an adjustment to your account (inclusive of any interest / charges accrued as a result of the incorrect amount being debited) 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 your account has not been incorrectly debited we will respond to your query by providing you with reasons and any evidence for this finding.
6.4 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.
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 request if you have any queries about how to complete the direct debit request.
8.1 We will keep any information (including your account details) in your direct debit 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.
8.2 We will only disclose information that we have about you:
(a) to the extent specifically required by law; or
(b) for the purposes of this agreement (including disclosing information in connection with any query or claim).
9.1 If you wish to notify us in writing about anything relating to this agreement, you should write to:
20/20 Publishing Pty Ltd, PO Box 6362
Maroochydore BC, QLD 4558
9.2 We will notify you by sending a notice in the ordinary post to the address you have given us on the Payment Plan form.
9.3 Any notice will be deemed to have been received two business days after it is posted.
10. Contact Information
You can contact 20/20 Publishing Pty Ltd through the following channels:
Mail: PO Box 6362, Maroochydore BC Q 4558
Ph: 07 5444 0152
Fax: 07 5478 3423