Terms of Service
Effective date: April 4, 2024
1.DEFINITIONS
1.1 Club - Refers to the fitness and wellbeing facility affiliated with the Social Project franchise, where a membership application was submitted, as outlined in this Agreement.
1.2 Cancellation - The act of terminating membership requires members to submit a completed cancellation form to their Home Club.
1.3 Contextual Interpretation in these terms:
1.3.1 References to clauses, sub-clauses, and schedules pertain to those in these terms;
1.3.2 Headings are included for ease of reference and do not impact the construction of this Agreement;
1.3.3 References to 'including' or similar words include a reference to without limitation.
1.4 Direct Debit - Authorizes the regular payment of membership fees through Paychoice.
1.5 Early Termination - Occurs when a cancellation takes place within the minimum contract term of the Membership.
1.6a Easy Divorce Policy: Members are subject to a 30-day early termination meeting. If members choose to opt in for an early termination meeting, they will be able to apply for a no cancellation fee early termination with a notice period of only 30 days. If members choose not to opt in for the early termination meeting, membership cancellation within the Minimum Term incurs a maximum fee of $250 or 25% of the remaining balance. The fee can be paid at the Home Club, and membership remains active until the fee and any outstanding amounts are settled.
1.6b Early Termination Fee - Calculated as the lesser of:
- 25% of the remaining instalments due from the termination date until the Minimum Term's expiry, or
- $250.00.
1.7 Foundation Member - A member holding a Foundation Membership.
1.8 Foundation Memberships - A pre-opening membership option with reduced (or special offer on) membership fee applicable only while the membership remains at the initially signed-up Home Club. This may change if transferred to another location during the Minimum Term due to increased access to a Reciprocal Club. Social Project Porirua reserves the right to increase the foundation membership rate at anytime following the completion of the minimum term, with 30 days written notice.
1.9 Home Club - The primary club initially joined by a Member.
1.10 Facilities - Encompasses the amenities at the Home Club associated with a membership, including, but not limited to, bathroom and changing facilities, showers, sauna, supplement bar, and other accessible facilities for Social Project Members.
1.11 Member - An individual who has entered into a Social Project membership agreement for the purpose of accessing the facilities and services provided by Social Project.
1.12 Membership Agreement - The contractual agreement between the Member and Social Project, outlining the terms of membership.
1.13 Minimum Term - The agreed-upon minimum term for an Agreement, as specified in the payment plan clause.
1.14 Paychoice - The billing system employed by Social Project for the collection of recurring Direct Debit membership payments.
1.15 Reciprocal Club - Other Social Project clubs which are not the Member's Home Club that a Member, with a membership which includes reciprocal access, may access using their 24/7 access key.
1.16 Social Project Porirua - The franchisee operating a Club under a franchise agreement with Social Project Global Limited, including agents, representatives, officers, directors, shareholders, successors, affiliates, subsidiaries, and employees.
1.17 Services - The offerings available to Members or other customers at Social Project, potentially included in a Member's specific membership type or available as an additional service. This encompasses, but is not limited to, strength and resistance training equipment, cardio equipment, free weights and accessories, group fitness classes, small or large group training sessions, personal training sessions, sauna's, ice bath's, nutritional and exercise advice, and expertise.
1.18 Suspension - Refers to a Member requesting a temporary hold on their membership and payments for medical, health, or personal reasons.
1.19 Transfer - The process by which a membership may be moved from a Home Club to a new Social Project Club if there is an increase in a Member's access to a Reciprocal Club, determined by key tag access.
2.MEMBERSHIP
2.1Nature of Membership: Social Project membership grants the Member access to Social Project premises, Facilities, equipment, and Services, as outlined by the membership type chosen upon enrolment. It is non-transferable unless expressly approved by Social Project management. The pricing of memberships may vary across different regions based on regional operating expenses and the local market.
2.2 All Club Privileges: Social Project membership allows a Member to use any Social Project facility across New Zealand as a Reciprocal Club using the 24/7 access key, provided they adhere to the terms and rules. Overdue memberships are limited to the Member's Home Club until arrears are settled. Complimentary and concession membership types exclude Reciprocal Club privileges.
2.3 Membership Transfers – Paid Upfront: Members with upfront payments can transfer memberships to another Club with mutual agreement and payment of the balance to the receiving Club. Alternatively, transferring the remaining term to a new person at the same Club is possible, subject to a $59.00 transfer fee.
2.4 Membership Transfers – Direct Debit: Direct Debit members may transfer between Clubs under conditions such as a minimum 3-month membership at the Home Club, no arrears, and adherence to the transfer policy. Transferring the balance to another person at the same Club is also an option with conditions, including a $59.00 transfer fee.
2.5 Foundation Membership: Foundation Members can maintain the value and benefits if the membership stays at the Home Club. Transferring to another Club may result in an increased fee matching the new Club's standard membership, potentially losing Foundation Membership benefits.
3.PRIVILEGES
3.124/7 Member Access: Social Project offers 24-hour access to all Members for the purpose of accessing and utilising the fitness and wellbeing facilities at the premises, except those under 16 or on off-peak memberships, using a key tag. Access may be denied and membership may be suspended or terminated for non-compliance with terms, abusive behaviour, for using the facilities for purposes other than fitness and training or membership arrears.
3.2 Unauthorized Guest Access: Members bringing non-members during unstaffed hours accept personal responsibility and liability. Charges may apply for any associated costs, with termination and a $250.00 non-compliance fee for immediate effect.
3.3 Reciprocal Access: Members with key tags, including Reciprocal Club access, can access all Social Project locations. Additional Services accessed at Reciprocal Clubs require pre-arrangement and may incur fees.
3.4 Additional Services: Memberships provide access to equipment. Additional Services may have associated costs outlined in the Membership Agreement.
3.5 Membership Suspension: Social Project may suspend memberships under specified conditions, with fees applicable for suspensions longer than 5 weeks. Automatic suspensions may occur during Government-mandated shutdowns, with optional voluntary payments to support the Club.
3.6 Transferring Membership to a New Person: Members may transfer the remaining balance to a new person during the Minimum Term, arranging the transfer at the Home Club. Transfer is limited to the same Home Club.
4.MEMBERSHIP FEES
4.1 Membership Fees: Member commits to paying the fees outlined in the Membership Agreement and agrees to adhere to the Direct Debit terms and conditions set by Paychoice.
4.2 Membership Payment: Member pledges to make payments according to their Membership Agreement, adjusting the payment day, frequency, or method by contacting the Home Club or Paychoice. This ensures timely receipt of all due payments.
4.3 Administration Fee: A one-time administration fee may be applicable and payable to Paychoice. It is collected with the initial instalment.
4.4 Dishonour Fee: A $10.00 administration fee, collected by Paychoice, applies if a Direct Debit payment is dishonoured by the Member's financial institution due to reasons such as insufficient funds, an expired or invalid payment method, or a payment stop initiated by the Member.
4.5 Default: Defaulted direct debit payments accumulate until arrears are addressed. Continued defaults may lead to notification of debt collection or credit reporting agencies, with associated fees and costs borne by the member. Social Project reserves the right to exclude members from its premises until arrears are settled.
4.6 Easy Divorce Policy: Members are subject to a 30-day early termination meeting. If members choose to opt in for an early termination meeting, they will be able to apply for a no cancellation fee early termination with a notice period of only 30 days. If members choose not to opt in for the early termination meeting, membership cancellation within the Minimum Term incurs a maximum fee of $250 or 25% of the remaining balance. The fee can be paid at the Home Club, and membership remains active until the fee and any outstanding amounts are settled.
4.7 Transfer Fee: Members transferring their membership and the remaining balance may do so with a $59 transfer fee payable at the Home Club during the transfer.
4.8 Membership Fee Increase: Social Project may change fees, with written notice sent to the Member's supplied email address. If the Member disagrees with the increase, this needs to be communicated with the Home Club within 5 business days; otherwise, the new amount will be debited after 30 days.
5.CANCELLATION, TERMINATION AND REFUND
5.1 Termination by Social Project: Social Project reserves the right to terminate membership for various reasons, including non-renewal of upfront memberships, Direct Debit arrears, Foundation Membership transfers, improper conduct, violation of terms and health and safety guidelines, or harm to Social Project and its members. Termination is effective upon written notice.
5.2 Basic Cancellation Rights and Refund: Cancellation and refund eligibility apply in cases of permanent sickness or physical incapacity verified by a physician or death, with refunds for any unused prepaid membership.
5.3 Notification of Intention to Cancel/Terminate Membership: Requests for cancellation/termination of any Social Project membership requires to be handed in person at the reception on a completed and signed Membership Cancellation Form or, if sent my email, an acknowledgement from Social Project of receipt of request is necessary to confirm cancellation.
5.4 Cooling Off Period: The Member has the right to cancel within 3 working days (or 5 days electronically) of receiving the Agreement, receiving a refund of initial payments and direct debit fees, less service costs and reasonable fees.
5.5 Termination of Direct Debit Membership - Outside Minimum Term: Termination with 30 days' notice is allowed if outside the Minimum Term, with the membership closing after all due payments are received.
5.6 Termination of a Direct Debit Membership - Inside Minimum Term: Cancellation within the Minimum Term requires payment of the early cancellation fee, with notice received at least two days before the next debit date.
5.7 Termination of Prepaid Membership: Prepaid memberships are non-refundable during the prepaid period, except for specified reasons. Non-renewal by the renewal date results in automatic expiration.
5.8 Effect of Termination and Financial Obligation: Upon termination, access to Facilities ceases, and any outstanding amounts are immediately due. Social Project may deduct outstanding amounts from any eligible refund, and members are responsible for paying any remaining balance.
6.MINIMUM AGE REQUIREMENTS
6.1 All individuals joining Social Project must be at least 13 years old. For minors under 18, a parent or guardian must co-sign a consent form.
6.2 Restrictions for Members aged Under-16:
6.2.1Access is permitted only during staffed hours, with restrictions automatically applied via their access key by verifying their date of birth.
6.2.2 A parent consent form must be signed, acknowledged, and returned to the Home Club.
6.2.3 A pre-exercise questionnaire needs to be completed by a parent or guardian.
6.2.4 A qualified personal trainer is required to conduct a pre-exercise assessment and design an exercise program for the minor before starting any exercise routine.
7.PANIC ALARMS
7.1 Throughout Social Project Clubs, panic alarms are strategically located on walls, inside changing rooms, and bathrooms. Additionally, panic pendants can be worn around the neck. These alarms are designated for emergency situations only and do not unlock or open doors. Deliberate misuse or tampering with panic alarms will result in a security call-out, and a call-out fee may be imposed on the member responsible for any non-emergency call-out.
8. UNSTAFFED HOURS
8.1 Operating 24/7, Social Project allows member access outside of staffed hours using their access key. Members acknowledge that they use the facilities at their own risk. If there are concerns regarding personal property, health, safety, or any other issues related to exercising in an unstaffed facility, it is recommended not to sign a Membership Agreement.
9. STAFFED HOURS
9.1 Displayed at the entrance and on the individual Club's website and Facebook pages, staffed hours for each club are subject to potential amendments by Social Project at any time without prior notice.
10. PRIVACY POLICY
10.1By agreeing to become a member, visiting our clubs, using our website, or utilising other services we offer, the Member is providing personal information to Social Project. Our Privacy Policy outlines how Social Project utilizes the provided personal information. By signing up for a membership, the Member consents to the use of their personal information in accordance with our Privacy Policy.
Access our Privacy Policy here: www.socialproject.nz/privacy-policy
11.VIDEO SURVEILLANCE
11.1 For security purposes, Social Project uses video surveillance equipment to monitor our Clubs on a 24-hour basis. By signing a Membership Agreement, the Member acknowledges that they will be subject to video surveillance and recording when using the facilities that will be used for security purposes. Video surveillance is limited to the floor area and entrances only and is not within the walls of the bathrooms or any changing areas. Social Project acknowledges that they will not use any surveillance obtained pursuant to this clause for any purpose other than for the purposes of this Agreement.
12. PHOTOGRAPHY AND FILMING
12.1 For privacy reasons, photography and filming are not allowed anywhere in a Club without written permission from the Club. Members must not take photos or videos of other Members at a Club without their permission. This includes social media.
12.2 Social Project holds the right to film and photograph in the club for the purpose of promotional material. The Member will be notified should this take place whilst the Member is in the club.
13. ORIENTATION
13.1 All new Members are entitled to a free orientation to focus on the safe and correct use of the equipment provided at a Club. It is the Member's responsibility to request this orientation.
14. WI-FI
14.1 Complimentary access to a Club's Wi-Fi is available for Members to make responsible use of. All Members must abide by all laws relating to safe and legal internet use. No illegal downloads, streaming, or viewing of material deemed to be inappropriate by Social Project is allowed. Social Project reserves the right to change and update passwords regularly.
15. EQUIPMENT
15.1 The Member understands and acknowledges that Social Project purchases or leases its equipment from a third party/parties and therefore does not manufacture any of the fitness or other equipment used in its Clubs. The Member understand and acknowledge that Social Project is providing recreational services and may not be held liable for defective products or equipment.
16. PHYSICAL CONDITION AND NO MEDICAL ADVICE
16.1 The Member represents that they are in good physical condition and have no medical condition or impairment that might prevent them from safely using the equipment at a Club. The Member acknowledges that Social Project does not give any medical advice before or after the use of any equipment in the Club(s). If the Member has any health or medical concerns now, or at any time after joining as a Member of a Club, this must be discussed with their doctor before using the equipment. If the Member's physical condition changes during the term of their membership and a health or medical issue develops that may pose an increased risk to their personal health and safety, or the health and safety of others, the Member acknowledges that they will advise Social Project immediately.
17. DRUGS AND ALCOHOL
17.1 Use of drugs and alcohol on Social Project grounds or accessing a Club while under the influence of drugs or alcohol, is strictly prohibited. Any Member found or suspected to be using a Club while under the influence of drugs or alcohol may be asked to leave the premises and have their membership terminated effective immediately and/or authorities notified.
18. LIABILITY FOR PROPERTY
18.1 Social Project is not liable to any personal property that is damaged, lost, or stolen while the Member is in or around a Club including, but not limited to, a vehicle or its contents or any property left in an open locker. If the Member causes damage to a Club or any equipment, they are liable to Social Project for its cost of repair or replacement.
19. CHANGE OF DETAILS
19.1The Member must provide Social Project with any changes to details that are relevant to their membership, including address, contact number, bank account details and email address. Social Project and its agents will attempt to contact the Member, if required, at the last known address or contact number. Social Project takes no responsibility for information not received from the Member if contact details change and the Member fails to update them.
20. ENTIRE AGREEMENT AND ENFORCEMENT
20.1 The Member acknowledge that neither Social Project nor any other related party has made any representations or promises upon which they have relied when entering the Membership Agreement. This document contains the entire agreement between the Member and Social Project and replaces any oral or other written agreement unless otherwise agreed between the parties. If a court declares any part of these terms and/or Membership Agreement invalid, it will not invalidate the remaining parts, which continue unaffected. If Social Project does not enforce any rights in these terms or the Membership Agreement for any reason, Social Project does not waive its right to enforce it later.
21. RELEASE AND INDEMNITY:
21.1 By agreeing to be a Social Project Member, the Member understands that the risk of injury from activities carried out at Social Project or any fitness club is significant, including permanent paralysis and death, and THE MEMBER KNOWINGLY AND FREELY ASSUMES ALL SUCH RISKS, both known and unknown. The Member acknowledges that this is an unsupervised fitness and wellbeing club and assume all risks associated with using exercise and recovery equipment in Social Project without the aid and supervision of staff members on the premises.
21.2 The Member understands that Social Project is a privately owned fitness club and HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS THE CLUB AND PROPRIETORS, and their respective owners, officers, managers, and affiliates, agents, and employees ("Releasees") WITH RESPECT TO ANY CLAIM OR DEMAND WHICH MAY ARISE IN RESPECT OF ANY INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE to any person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES or otherwise, that may arise out of or in connection with the Member's use of the equipment or the Facilities at the Club premises or any incident that occurs while using the Club's Facilities or engaging in club activities, or off the Club premises or, otherwise related to their Club membership.
21.3 The Member will keep the Releasees indemnified against all claims, actions, losses, and expenses of any nature which the Releasees may suffer or incur or for which the Releasees may become liable in respect of or arising out of:
21.3.1 The neglect or careless use or misuse by myself or any guest under the Member's control of the Club Facilities or equipment.
21.3.2 Any accident or damage to property or persons arising from any occurrence in or near the Club's facilities, solely or in part by reason of any act of omission by the member or any guest under the Member's control.
21.4 The Member expressly agrees that this release is intended to be as broad and inclusive as permitted by the law and if a portion of this release is held invalid, the balance shall remain in full force and effect. This release shall apply to all heirs of the Member and assigns and in the case of a family membership, to any minor included in the membership and on whose behalf, the Member hereby signs as parent/guardian. The Member understands that the club is relying on this release in agreeing to enter into a Membership Agreement.
22. PAYCHOICE DIRECT DEBIT REQUEST (DDR) SERVICE AGREEMENT:
This Agreement is designed to explain what the Member's obligations are when undertaking a Direct Debit arrangement involving Paychoice. It also details what obligations of Social Project are to the Member and forms part of the terms and conditions of the Member's Direct Debit Request (DDR) and should be read in conjunction with their DDR Authorisation Form.
22.1 Initial Terms: The Member authorises Paychoice Limited (NZBN: *) (Paychoice) Authorization Code 0132745 to make periodic debits on behalf of the "Business" as indicated on DDR Authorisation Form ("Business"). The Member acknowledges that if specified by the Business, in addition to the agreed periodic debits set out in the DDR Authorisation Form, administration/setup, variation, reversal, dishonour, or processing fees may also apply and be debited under the DDR as instructed by the Business.
22.2 Relationship: The Member acknowledges that Paychoice has been contracted by the Business to collect the payments due under the agreement that the Member has entered into with the Business pursuant to which the Member has agreed to pay for goods/services provided by the Business (Agreement). All payments due by the Member to the Business shall be made to Paychoice. The Member acknowledges that Paychoice is acting as an agent of the Business and that Paychoice does not provide any goods or services and has no express or implied liability in relation to the goods and services provided by the Business or the terms and conditions of any agreement with the Business. The Member acknowledges that Paychoice sole responsibility is to make periodic debits as set out in the DDR Authorisation Form.
22.3 Cleared Funds: The Member acknowledges that it is their responsibility to ensure that there are sufficient cleared funds in the nominated account by, and at all times on, the due date of the payment ("Day to Debit") to enable the direct debit to be honoured on the Day to Debit. The Member acknowledges and agrees that sufficient funds will remain in the nominated account until the direct debit amount has been debited from the account and that if there are insufficient funds available when the debit is attempted, the Member agree that they will be responsible for any fees and charges that may be charged by their Financial Institution and by Social Project.
22.4 Variations to Debit Terms: The Member authorises Paychoice to vary the amount of the payments upon instructions from Social Project, and where such instructions from Social Project are received by Paychoice, the member does not require Paychoice to notify them of such variations to the debit amount.
22.4.1 The Member acknowledges that Paychoice or Social Project is to provide 14 days' notice if varying the terms of the debit arrangements otherwise than as provided for herein.
22.4.2 The Member acknowledges that their requests to vary, defer or stop the debit arrangement must be directed to Social Project.
22.5 Cancelling these Debit Terms: The Member understands that they are able to cancel this DDR by requesting this of Social Project or their Financial Institution and acknowledges that cancelation of the authority to debit their account will not terminate the membership agreement with Social Project or remove their liability to make the payments agreed to.
22.6 Non-Working Day: When the Day to Debit falls on a weekend or public holiday, the debit will be initiated on the next working day.
22.7 Dishonoured Payments: The Member acknowledges that:
22.7.1If a debit is returned by their Financial Institution as unpaid, they will be responsible for any fees and charges charged by Social Project as a result, in addition to any Financial Institution charges and collection fees; and
22.7.2 Paychoice may attempt to re-process any unsuccessful payments as advised by Social Project and/or add such unsuccessful payment to any future payments.
22.8 Accuracy of Information: The Member acknowledges that it is their responsibility to ensure that the details entered on the DDR Authorisation Form are correct and that Paychoice is not liable to the extent that any such details are wrong, and this causes a required payment to be missed. In addition, where the payment is made by credit card and details of the credit card entered by the Member on the DDR Authorisation Form, Paychoice may continue to debit from the credit card in accordance with the terms of this Agreement to the extent that the credit card has expired, and that it is wholly the Member's responsibility to provide details of any replacement credit card to Paychoice via Social Project.
22.9Disputes: The Member acknowledge that any disputes regarding debit payments will be directed to Social Project. If no resolution is forthcoming, the Member understands that they are to direct any such dispute to their Financial Institution.
22.10 Other Authorisations: The Member authorises:
22.10.1 Paychoice to verify details of their account with their Financial Institution; and
22.10.2 The Financial Institution to release information allowing Paychoice to verify their account details.
22.10.3 Any notices to be given to the Member by electronic mail to the email address on the DDR Authorisation Form (or any other email address notified in writing by me/us).
The Member acknowledges that:
22.10.4This Authority will remain in force and effect in respect of all Direct Debits passed to their account in good faith notwithstanding their death/bankruptcy or other revocation of this Authority until actual notice of such an event is received by the bank.
22.10.5 Any dispute as to the correctness or validity of an amount debited to the Member's account shall not be the concern of the bank except insofar as the Direct Debit has not been paid in accordance with this Authority. Any other dispute lies between the Member and Social Project.
22.11 Information Security: We are collecting the member's personal information for the sole purpose of completing this direct debit arrangement. Paychoice agrees that it will make reasonable efforts to keep the information contained in the DDR (including account details) and any other information that we have, confidential and secure, and will ensure that any of our employees or agents who have access to information about the Member do not make any unauthorised use, modification, reproduction, or disclosure of that information. The Member may request access to, and correction of, any personal information held by Paychoice by writing to Paychoice at the address below.
58-60 Victor Cres, Narre Warren VIC 3805, Australia
Paychoice will only disclose information that we have about the Member:
22.11.1to the extent specifically required by law; or
22.11.2for the purposes of this Agreement (including disclosing information in connection with any query or claim).
RELEASE AND INDEMNITY:
By agreeing to be a Social Project Member, I understand that the risk of injury from activities carried out at Social Project or any fitness club is significant, including permanent paralysis and death, and I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown. I acknowledge that this is an unsupervised fitness club and assume all risks associated with using exercise equipment in Social Project without the aid and supervision of staff members on the premises.
I understand that Social Project is a privately owned fitness club and HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS THE CLUB AND PROPRIETORS, and their respective owners, officers, managers, and affiliates, agents, and employees ("Releasees") WITH RESPECT TO ANY CLAIM OR DEMAND WHICH MAY ARISE IN RESPECT OF ANY INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE to any person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES or otherwise, that may arise out of or in connection with my use of the equipment or the Facilities at the Club premises or any incident that occurs while using the Club's Facilities or engaging in club activities, or off the Club premises or, otherwise related to my Club membership.
I will keep the Releasees indemnified against all claims, actions, losses, and expenses of any nature which the Releasees may suffer or incur or for which the Releasees may become liable in respect of or arising out of:
(a) The neglect or careless use or misuse by myself or any guest under my control of the Club Facilities or equipment.
(b) Any accident or damage to property or persons arising from any occurrence in or near the Club's facilities, solely or in part by reason of any act of omission by myself or any guest under my control.
I expressly agree that this release is intended to be as broad and inclusive as permitted by the law and if a portion of this release is held invalid, the balance shall remain in full force and effect. This release shall apply to my heirs and assigns and in the case of a family membership, to any minor included in my membership and on whose behalf, I hereby sign as parent/guardian. I understand that the club is relying on this release in agreeing to enter into a Membership Agreement.
PAYCHOICE DIRECT DEBIT REQUEST (DDR) SERVICE AGREEMENT:
This Agreement is designed to explain what your obligations are when undertaking a Direct Debit arrangement involving Paychoice. It also details what our obligations are to you and forms part of the terms and conditions of your Direct Debit Request (DDR) and should be read in conjunction with your DDR Authorisation Form.
INITIAL TERMS:
I/We authorize Paychoice Limited (NZBN: *) (Paychoice) Authorization Code 0132745 to make periodic debits on behalf of the "Business" as indicated on DDR Authorisation Form ("Business").
I/We acknowledge that if specified by the Business, in addition to the agreed periodic debits set out in the DDR Authorisation Form, administration/setup, variation, reversal, dishonour, or processing fees may also apply and be debited under the DDR as instructed by the Business.
RELATIONSHIP:
I/we acknowledge that Paychocie has been contracted by the Business to collect the payments due under the agreement that I/we have entered into with the Business pursuant to which I/we have agreed to pay for goods/services provided by the Business (Agreement). All payments due by me/us to the Business shall be made to Paychoice.
I/We acknowledge that Paychoice is acting as an agent of the Business and that Paychoice does not provide any goods or services, and has no express or implied liability in relation to the goods and services provided by the Business or the terms and conditions of any agreement with the Business. I/We acknowledge that Paychoice sole responsibility is to make periodic debits as set out in the DDR Authorisation Form.
CLEARED FUNDS:
I/We acknowledge that it is my/our responsibility to ensure that there are sufficient cleared funds in the nominated account by, and at all times on, the due date of the payment ("Day to Debit") to enable the direct debit to be honored on the Day to Debit. I/We acknowledge and agree that sufficient funds will remain in the nominated account until the direct debit amount has been debited from the account and that if there are insufficient funds available when the debit is attempted, I/we agree that I/we will be responsible for any fees and charges that may be charged by my/our Financial Institution and by the Social Project.
VARIATIONS TO DEBIT TERMS:
I/We authorize Paychoice to vary the amount of the payments upon instructions from the Social Project, and where such instructions from the Social Project are received by Paychoice, I/we do not require Paychoice to notify me/us of such variations to the debit amount.
I/We acknowledge that Paychoice or the Social Project is to provide 14 days' notice if varying the terms of the debit arrangements otherwise than as provided for herein.
I/We acknowledge that my/our requests to vary, defer or stop the debit arrangement must be directed to the Social Project.
CANCELLING THESE DEBIT TERMS:
I/We understand that I/we are able to cancel this DDR by requesting this of the Social Project or my/our Financial Institution, and I/we acknowledge that cancellation of the authority to debit my/our account will not terminate my/our agreement with the Social Project or remove my/our liability to make the payments I/we have agreed to.
NON-WORKING DAY:
When the Day to Debit falls on a weekend or public holiday, the debit will be initiated on the next working day.
DISHONOURED PAYMENTS:
I/We acknowledge that:
(a) if a debit is returned by my/our Financial Institution as unpaid, I/we will be responsible for any fees and charges charged by the Social Project as a result, in addition to any Financial Institution charges and collection fees; and
(b) Paychoice may attempt to re-process any unsuccessful payments as advised by the Social Project and/or add such unsuccessful payment to any future payments.
ACCURACY OF INFORMATION:
I/We acknowledge that it is my/our responsibility to ensure that the details entered on the DDR Authorization Form are correct and that Paychoice is not liable to the extent that any such details are wrong and this causes a required payment to be missed. In addition, where I/we are paying the required payments by credit card and have entered the details of the credit card on the DDR Authorization Form, I/we agree that Paychoice may continue to debit from the credit card in accordance with the terms of this Agreement to the extent that the credit card has expired, and that it is wholly my/our responsibility to provide details of any replacement credit card to Paychoice via the Social Project.
DISPUTES:
I/We acknowledge that any disputes regarding debit payments will be directed to the Social Project. If no resolution is forthcoming, I/we understand that I/we are to direct any such dispute to my/our Financial Institution.
OTHER AUTHORISATIONS:
I/We authorize:
(a) Paychoice to verify details of my/our account with my/our Financial Institution; and
(b) The Financial Institution to release information allowing Paychoice to verify my/our account details.
(c) Any notices to be given to me/us by electronic mail to the email address on the DDR Authorization Form (or any other email address notified in writing by me/us).
I/we acknowledge that:
(a) This Authority will remain in force and effect in respect of all Direct Debits passed to my/our account in good faith notwithstanding my/our death/bankruptcy or other revocation of this Authority until actual notice of such an event is received by the bank.
(b) Any dispute as to the correctness or validity of an amount debited to my/our account shall not be the concern of the bank except insofar as the Direct Debit has not been paid in accordance with this Authority. Any other dispute lies between me/us and the Social Project.
INFORMATION SECURITY:
We are collecting your personal information for the sole purpose of completing this direct debit arrangement. Paychoice agrees that it will make reasonable efforts to keep your information contained in the DDR (including account details) and any other information that we have about you confidential and secure, and will ensure that any of our employees or agents who have access to information about you do not make any unauthorized use, modification, reproduction, or disclosure of that information. You may request access to, and correction of, any personal information held by Paychoice by writing to Paychoice at the address below.
Paychoice 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).