Flip Payments Pty Ltd ACN 648 535 74 trading as “FlipPay” (we/our/us/Flip) provides Payment Services to Merchants (you/your/Merchant). Flip has contracted with Till Payments Solutions Pty Ltd ABN 64 160 726 349 (“Till Payments”) to provide Merchant Services to process part of the Payment Services, which includes acquiring, switching and processing of card based transactions at point of sale (EFTPOS) or online.

Flip is not acting as your agent. Till Payments is the acquiror and is the entity that has been contracted to facilitate the payment process for all payment transactions between you and your customers via the Flip Platform.

These Payment Services General Terms (“General Terms”) outline the responsibilities of Merchants processing payments via Flip who have been approved to accept transactions online for cards issued by the Card Schemes and, once entered into, forms an agreement between (1) You, (2) Till Payments (the ‘Acquiror’) and (3) Flip (collectively, the “parties”).

These General Terms and our Privacy Policy and Terms of Use forms part of your Agreement with Flip Payments Pty Ltd ACN 648 535 746.

You can access Till Payments Merchant Services Merchant Agreement General Terms here.

Background

• Payment processing services are provided by Till Payments including point of sale facilities and associated processing services & internet payment gateway services.
• Flip utilises Till Payments as its preferred service provider for payment services inclusive of point-of-sale facilities and associated processing services & internet payment gateway via Till Payments’ acquiring platform (“Payment Services”).
• Flip’s Payment Services allow you to send and receive secure card payments from your customers (’Cardholders’). over the internet (‘online payments’).
• Flip’s gateway allows you to process card transactions through your website or via the Flip Platform.
• Flip provides you online reporting of all completed transactions.
• Till Payments will provide settlement on each banking day for the gross amount of all funds received from the card schemes in respect of transactions processed by Till Payments under these General Terms, less any chargebacks or refunds.

These services are collectively referred to as Merchant Services.

1. General

You acknowledge that:

• the operation of these General Terms are conditional on Flip and Till Payments approving an application to provide the Payment Services to You;
• the decision whether to approve your application is at the sole discretion of both Flip and Till Payments;
• Flip and Till Payments are authorised to obtain from third parties credit information relating to you in connection with our evaluation to provide Payment Services to you; and
• any information collected by Flip in connection with these General Terms or Payment Services may be disclosed to Till Payments.

2. Our Responsibilities

• We will perform our obligations under this Agreement with due care, skill and diligence; and
• We will comply with all relevant laws and co-operate with Merchant (and Acquiror) in connection with Payment Services.
• We will implement data security measures to ensure the security and protection of Payment Data in accordance with the current applicable payment card industry data security standard (PCI DSS) requirements created by the Payment Card Industry Security Standards Council.
• In supplying Payment Services, we will comply with the Privacy Act 1988 (Cth) and associated Australian Privacy Principles in respect of User Data and Personal Information.
• We will provide you with support to resolve general issues relating to your Account and your use of our Services. This support includes resources and documentation that we make available to you our support pages on our website, API or Documentation.

3. Your Obligations

• You are agreeing to only use the Payment Services in accordance with these General Terms.
• You must immediately notify Flip of any change to your financial position which may affect your ability to perform your obligations under these General Terms.
• You must immediately notify Flip of any other substantial change in your business, including, without limitation, changes to your standard payment terms.
• You must only send payment requests when you have committed to provide the goods or services to the Cardholder.
• You must not accept a card in a credit card transaction for the purpose of giving a Cardholder cash.
• You must perform all obligations to the Cardholder in connection with the sale of those goods or services.
• Where you elect to charge a Cardholder a Surcharge, you must not impose a Surcharge in excess of the reasonable cost of card acceptance.
• You must clearly disclose to the Cardholder before the transaction is completed any Surcharge that You will charge for completing the Transaction.
• You must give the Cardholder a copy of the transaction receipt for each transaction.

4. Complaints

• Flip aims to provide you with  a high standard of efficient service. Sometimes things can go wrong and Flip will endeavour to find a quick and fair solution to resolve any complaint. If you are unsatisfied with any service provided by Flip regarding your Payment Plan Agreement, please contact us via:

Email support@flippay.com.au

Phone: 1300 354 766 (between 9am to 5pm, Monday to Friday AEST)

Mail: Level 3, 55 Pyrmont Bridge Rd Pyrmont, NSW Australia 2009.

• If you have a complaint regarding the goods or services you purchased from the Merchant, you must contact the Merchant directly. Flip is not a party to your transaction with the Merchant.

5. Indemnification

• You indemnify Flip and must pay to us on demand amounts equal to any loss which we suffer, incur or are liable for as a result of or in connection with your breach of these General Terms. This includes legal costs and expenses (on a full indemnity basis) and professional consultant’s fees. This indemnity obligation is a separate, irrevocable, unconditional and continuing obligation, independent of your other obligations under this Agreement and survives the termination of this Agreement.

6. Other

• You cannot and must not transfer, assign or novate any of your rights or obligations under these General Terms without Flip’s prior written consent.
• Flip may transfer, assign or novate all or any of its rights or obligations under these General Terms without having to obtain your consent. You agree to sign any documents required to give effect to this clause.
• These General Terms  and the relationship between you and Flip are governed by the laws of the State of New South Wales without regard to its conflict of law provisions. You and Flip agree to submit to the personal and exclusive jurisdiction of the courts of New South Wales.

7. Electronic Communication

• You and Flip agree that this Payment Plan Agreement may be executed by electronic means and to be bound by electronic signatures.
• Flip may use your personal details, including any email address, facsimile number or social media account (Electronic Address) you have provided to us in the application process or by any other means, to communicate with you and to send to you a Payment Plan Agreement.
• By entering utilising our Payment Services, you consent to receiving notices and other documents and communications from Flip electronically. You acknowledge that:
• Flip may send notices and other documents and communications to you by email, or by emailing you to notify you that the document is displayed on, and can be retrieved from, a website; and
• you must check your email account regularly for electronic communications from Flip.

8. Schedule of Fees

The following standard schedule of fees should apply**:

*Billed separately by American Express Australia Ltd ABN 92108 952 085.

** Last updated January 2023