Terms & Conditions
1. Definitions (as used in this agreement)
account holder means any person, or 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 School EasyPay program of fees and other payments payable to you on behalf of a customer.
School EasyPay means the program developed by ZenPay Pty Ltd (ABN 71 63 056 881 942) for the processing of school related payments, also referred to as School Easy Pay.
commencement date means the date of this agreement or other date as the parties agree in writing.
customer means any person with whom you engage in a business transaction requiring payment to you including parents and others. For the purposes of this agreement, this includes Parents.
customer authorisation means a form of authority provided from your customer and reasonably required by us from time to time.
insolvent in the case of a company, means that a company is or becomes unable to pay its debts when they become due, or is or becomes unable to pay its debts within the meaning of the Corporations Act 2001, or is presumed to be insolvent under that Act, or in the case of an individual, the individual dies, becomes bankrupt or is of unsound mind.
month means a calendar month.
nominated bank account means the bank account nominated by you in this or your previous agreements for the purpose of receiving payments and for payment of any fees due by you.
online payments page means an online payment facility that may be available to you to accept or process fees 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 Australian Privacy Act 1988.
fees in relation to a customer, means the fees described in that parent’s registration form or customer
authorisation, being the fees payable or due to you by that parent. 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 3 years after the commencement date.
surcharge or payment processing fee means the amount so described or described as the convenience
fee or payment processing fee in this agreement, the Parent Registration Form, customer authorisation
or Online Payment Page.
Parent Registration Form means a paper or electronic agreement between a parent and us whereby the
parent or customer agrees to pay fees to you via the School EasyPay program.
2. Collection and Payment Arrangements
You appoint us as your agent for the purpose of receiving fees and other payments from a customer’s or
account holder’s 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:
a. we are not a collection agent;
b. we are not responsible for collecting fees or liable if a customer fails to pay any fees due to you;
c. we are not obliged to do anything in addition to stated tasks to recover outstanding fees, participate in
or resolve any dispute between you and a customer or levy any charges that you may wish to impose on
d. this agreement does not alter your relationship with the customer other than by nominating us as the
recipient of money that is otherwise payable directly to you by the customer; and
e. this agreement does not oblige us to deal with your customers or with account holders except to the
extent necessary to assist in the receiving of payments from them.
You must execute any documents reasonably required by your bank or us to give your customer’s
permission and authority to pay their fees to us as your agent.
2.4 Surcharge or Payment Processing Fee
This agreement obliges you or the parent to pay the surcharge or payment processing fee and any other
applicable fees when utilising the School EasyPay program. When you opt to pay the bank account
surcharge or payment processing fee, the total fees paid by the account holder are dispersed to your
nominated bank account and the surcharge or payment processing fee is deducted from your nominated
bank account on a quarterly or monthly basis. When the parent pays the surcharge or payment
processing fee, the relevant amount is added to the amount processed and then retained by us before
funds are dispersed to your nominated bank account.
2.5 Failed Payment Fee
In the event of a payment subsequently being rejected by the parent or account holder or another party,
you or the customer will pay to School EasyPay a fee (a “Failed Payment Fee”) as outlined in this
agreement. This Failed Payment Fee will be automatically deducted from your or the customer’s
nominated account four days after we receive notification of the rejected payment. If deducted from you,
you can opt to on charge this amount to the parent.
2.6 SMS or Email Fees
This agreement applies whenever customers make payments to you and/or us using a customer’s
account or when you and/or we process payments on behalf of customers.
We will cause the fees (e.g. school tuition fees) and other payments received by us from a customer or
account holder, less any applicable surcharge or payment processing fee, to be transferred to your
nominated bank account within 3 business banking days after the payment was made subject to normal
banking and transaction processing operations.
3. Term & Amendments
3.1 Initial Agreement
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 same 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.
3.2 Agreement Amendments
We reserve the right to vary or amend any term of this agreement and any change will be effective from
the date nominated in the advice to you of this the change. 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 advice of
4.1 Our responsibilities
During the term of this agreement we must:a. handle all enquiries from you about the operation of the School EasyPay Program;
b. provide efficient payment methods to your customers to facilitate the efficient payment of fees and
other payments due to you;
c. receive fees and other payments on your behalf;
d. transfer funds, once cleared, due to you to your nominated bank account;
e. if required, provide a reconciliation file for monies deposited in your nominated bank account;
f. use reasonable efforts to assist customers participating in the School EasyPay Program in order to
facilitate the efficient payment of fees;
g. if required, use reasonable efforts to provide payment failure notifications to customers and/or you
are participating in the School EasyPay Program to encourage payment via alternative methods.
4.2 Your responsibilities
During the term of this agreement you must:
a. make available, strongly promote and actively encourage the use of the School Payment program
by all parents.
b. notify us in writing and in advance if you wish to change your nominated bank account;
c. if using a printed Parent Registration Form, ensure it is correctly completed by you and the parent
and only use Parent Registration Forms, customer direct debit authority forms and other customer
payment authorisation forms that have been provided and/ or approved in writing for use by us;
d. immediately process or deliver printed Parent Registration Forms after they have been completed
and securely store any paper Parent Registration Forms after they have been processed for a period
of seven years from the last transaction;
e. when using the School online payments page, agree to that facility’s stated terms & conditions;
f. exercise due care & responsibility with payments processed in the School EasyPay Program;
g. if applicable; ensure that you hold original customer authorisation from the customer for any oneoff
payments you process via the School online payments page;
h. disclose your participation in the School EasyPay Program to any customer if you are legally or
otherwise required to;
i. provide to us and authorise usage by us of your logo, School name or similar branding in
conjunction with the School EasyPay Program.
5.1 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:
a. 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;
b. 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
c. the defaulting party becomes insolvent.
5.3 Liability for termination
a. Termination of this agreement under clause 5.2 will be without prejudice to our respective rights
(including the right to damages) at law or in equity.
b. Termination of this agreement under clause 5.1 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.
5.4 Obligations on termination
On termination, you must pay us any outstanding amount that may be payable under this agreement.
We will process this total payable amount upon termination of this agreement.
a. 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.
b. You indemnify us against any liability or loss that we may suffer or incur arising from a breach by
you of your obligations under this agreement. This indemnity includes any liability or loss that we are
liable for to a third party 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. We agree to comply with the issued School Payment solutions
8. 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 required to be 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, immediately
providing information or agreements to us about the goods and services supplied by you and the
parent registration form or customer authorisation in relation to a payment.
8.4 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:
a. we will be discharged from any obligation to remit that amount to you; and
b. you must reimburse us for that amount and/or we may off-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
If you pay money to us in accordance with paragraph 8 and we subsequently recover funds from the
customer, then we will deposit those funds to your nominated bank account.
8.7 Licences & Authority
You represent and warrant to us that you hold all statutory licences and authorities necessary for the
operation of the School and the collection of payments. You acknowledge that we are not providing
any payment facility in addition to our stated services.
9. Authority To Credit & Debit:
You authorise us to credit and debit your nominated bank account in accordance with the terms and
conditions set out within this agreement.
9.2 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 offset
any amounts due against any funds due to you.
You authorise us to debit your nominated bank account of any previously credited amount that was
subject to banking, system or human error and notified as such to you.