BUSINESS ACCOUNT TERMS AND CONDITIONS

1. Background

Welcome to the Wagepay For Business web application (App) owned and operated by Wagepay Pty Ltd ACN 645 114 629 and our related bodies corporate (we/us/our). These terms and conditions (Terms) govern your creation of a business account (Account) within the App and your use of the App.

2. Your acceptance

By creating an Account, you agree to comply with these Terms and be legally bound by them, so please read them carefully. If you do not agree with any part of these Terms, you must refrain from creating an Account and from using the App.

3. How it works

a) We offer a wage advance service to employees providing them with access to a portion of their wage before their regular payday.
b) We manage the registration and management of your employee’s personal accounts within the App.
c) Our App is provided through secure online platforms, with web portals accessible to you and your employees.
d) Your Account allows you to endorse active employment of any of your employees that are receiving or wish to receive our services.
e) Where your employees are endorsed, they may be eligible to receive benefits from us.
f) To endorse an employee, you must provide us with reasonable details we request relating to the employee’s employment, within the App.
g) Once the employee has been successfully endorsed, we will, within the App, issue you with an active employment endorsement code for an employee (Code).
h) Sharing the Code with the respective employee, enables them to activate their admissibility to receive discounts on our service (Benefit), within their personal account.
i) We provide all other functions to your employees directly, including customer service requests, however, this does not include issuing your Codes directly.

4. Account creation

a) To create an active Account, you must:

i) be a legitimate employer with active employees;
ii) have an active ABN;
iii) be a company, sole trader or a corporate or natural person trustee of a trading trust (partnerships and joint trustees are not presently eligible).
iv) complete the Account creation process; and
v) have your Account verified by us, which involves us authenticating your details through standard verification procedures.

b) We reserve the right to reject your Account creation request for any reason.

5. Free of charge

We will not charge you for creating an Account or using our App via your Account.

6. No repayment responsibility

We will not hold you responsible for any payment owing to us from one of your employees, or request any payments from you, provided you are not in breach of these Terms.

7. Employee eligibility

You acknowledge that:

a) your endorsement of an employee does not guarantee your employees eligibility to receive our service or a Benefit;
b) the employee must meet our eligibility criteria, before we will offer to provide them with our service; and
c) we may in our sole discretion approve or decline offering our service and a Benefit, based on our internal policies and risk assessment.

8. Employee benefits

a) Your employees that have activated their admissibility to receive a Benefit by submitting their Code you have shared with them, may be given a discount on the fees and/or interest associated with our service, in the amount notified to your employee by us, from time to time.
b) We determine the extent of the Benefit and its applicability, on a case by case basis, in our sole discretion.

9. Your responsibilities

You must:

a) provide accurate information to us to facilitate the creation and verification of your Account;
b) keep information relating to your Account, including your active employees and authorised contact details, up to date and promptly inform us of any changes or updates to this information;
c) immediately cancel the endorsement of any employee of yours whose employment with you ceases;
d) promptly report any suspected security breaches or unauthorised access to your account to us;
e) maintain the secrecy of your login credentials to the App and you agree to take full responsibility for any actions taken through your Account;
f) only use the App for its intended purpose, namely, confirming active employment of your employees using or wishing to use our service (Purpose); and
g) not attempt to access, modify, or interfere with any data or functionality of the App other than in connection with your reasonable use of the App for the Purpose.

10. Payment of employee wages

a) You agree to pay your employees their wages as required by law.
b) You must not allow an employee you have provided a Code to, to change their wage payment preference with you to cash without cancelling your endorsement of the employee as an active employee and providing us with notice.

11. Intellectual Property

a) All intellectual property rights in or related to the App and its content, remain our sole and exclusive property.
b) You may not use, reproduce, disassemble or reverse engineer the App or distribute any material or content within the App, without our prior written consent.

12. Privacy

a) We may collect, use, hold and disclose information about you, your employees, and other related individuals as required to effectively provide our service.
b) Where we are collecting, using, holding or disclosing personal information we will do so in conformity with the Privacy Act 1988 (Cth).
c) We endeavor to treat all personal information we collect, use, hold or disclose in accordance with our privacy policy. However, our privacy policy does not form a part of these Terms.
d) We will not share your employee’s usage data with you.

13. Confidentiality

The parties agree to treat all confidential information received from the other as confidential. A party must not disclose confidential information received from the other party to any third party, unless required by law or with the consent of the discloser.

14. Data security

a) We will exercise reasonable care to protect and secure the data stored within our systems. This includes implementing appropriate technical and organisational measures to safeguard against unauthorised access, loss, alteration, or disclosure of data.
b) You acknowledge that no data transmission or storage can be completely secure, and we cannot guarantee absolute data security. You agree that we will not be held liable for any unauthorised access, loss, alteration, or disclosure of data.

15. Termination

a) You may close your Account within the App, anytime.
b) We may close or suspend your Account at any time and for any reason upon providing notice to you.
c) Upon closure of your Account, these Terms will terminate.

16. Effect of termination

a) In the event of Account suspension or of termination of these Terms, you must immediately cease using the App and continue to refrain from doing so, whilst your Account is closed or suspended.
b) We will cease providing Benefits to your employees:

i) during suspension of your Account; and
ii) upon the termination of these Terms.

c) You must promptly notify your employees of the invalidity of the Code you have shared with them.
d) You may request we delete the data within your Account, which we will comply with unless we have a reasonable cause for not doing so, as soon as practicable.

17. No liability

To the extent permitted by law, you agree that we that we will not be liable to you, whether in contract, tort (including negligence), equity or otherwise in connection with these Terms for any loss or damage, including the following types of consequential loss:

a) indirect loss not arising as a natural consequence of a breach or other event giving rise to liability;
b) any loss of profits, loss of revenue, loss of any contract value, loss of anticipated profit or damages for lost opportunity; and
c) loss of data.

18. Variations

We may reasonably modify these Terms at any time, provided such variations do not unjustly seek to limit your existing rights or increase your present obligations. Any changes we make will be sent as a notice to you, prior to taking effect.

19. Notices

a) Any notice you wish to send to us must be emailed to: businsess@wagepay.com.au.
b) We will send notices to the email address nominated as the authorised contact within your Account.

20. Waiver

Clauses and rights in the Terms can only be waived in writing by the waiving party. Failure or delay of a party in exercising a right under these Terms does not waive the party’s rights. A waiver will only waive the particular rights in the particular circumstances and will not waive any other rights, or the same rights in other circumstances.

21. Survival

Clauses 11, 12, 13, 16, 17, 22 and any other clause in the Terms which is expressed to survive or by its nature survives, will survive termination of the Terms for any reason.

22. Governing law

These Terms are governed by and construed in accordance with the laws applicable in Queensland. Each party submits to the jurisdiction of the courts of Queensland.

I declare that I have sufficient authority to accept these terms and conditions and I acknowledge that I have read and understood these Terms and Conditions (Terms). I confirm that I am legally bound by the Terms and agree to comply with them in their entirety.