Terms and Conditions

PLATFORM TERMS AND CONDITIONS

Date of last update: [24 November 2025]

Pay.com.au Limited ACN 639 316 546 (Pay.com.au, we, our or us) operates and controls the Website and provides the Services, including the use of the Platform, to customers (Customer, you or your) in accordance with these terms and conditions, including any annexure or addendum to them (Terms), and in accordance with the Rules.

By using the Platform, signing up for a Pay.com.au Account, submitting a Payment Instruction or otherwise using the Services, you agree that you are bound by and agree to these Terms, and that you agree to the Rules and our Privacy Policy, as amended from time to time. If you disagree with these Terms, you must not use or seek to use the Platform or the Services.

These Terms operate in addition to any agreement(s) that you have in place with a third party, such as the provider of a Valid Card, the issuer of a Bank Account or Reward Program, or a Nominated Payee.

DEFINITIONS

In these Terms, unless the context requires otherwise:

ABN means Australian Business Number.
American Express Card means any card or account access capability issued by Amex, its affiliates or a third party authorised by Amex.
Amex means American Express Australia Limited ACN 108 952 085.
Approved Payment Method means a Bank Account or a Valid Card.
Authorised Payer means a person (who may, for example, be your agent or employee) that you have authorised to use your Pay.com.au Account and to submit Payment Instructions on your behalf.
Bank Account means an Australian bank account linked to your Pay.com.au Account in relation to which you have given authority for Pay.com.au to deposit and/or deduct funds via the Platform.
Banking Day means a day other than a Saturday or a Sunday or a public holiday listed throughout Australia.
Eligible Payment means a payment made for business purposes to a Nominated Payee using an Approved Payment Method, including an Invoice Amount and excluding Prohibited Payments. An Eligible Payment does not include payments made to yourself, payments that are not made for business purposes, failed payments, cancelled payments, disputed payments, subsequently refunded payments, recalled payments, or payments in relation to which a chargeback request has been made.
Employer Payment Processing Service means the service of facilitating Employment Payments from employers to their employees, which is provided by us in accordance with the Employer Payment Processing Service Addendum.

Employment Payment means an amount payable by you to your employees including (but not limited to) salary, wages, commission, bonus, termination, notice or leave payments, or any other employment-related amounts, as calculated by you and notified to us via a Payment Instruction.
Fees means any fee payable by you to Pay.com.au in relation to a Service, including as set out in the Pricing Schedule.
Force Majeure Event means any acts, events, omissions or accidents beyond our reasonable control, including, without limitation an act of God, fire, flood, pandemic, explosion or accidental damage, law imposed by any government, actions or omissions of third parties or any malicious code interfering with the Platform or Services, or other cyber-attack.
FX Provider means SendFX Limited (ACN 617 647 220) (SendFX), a third party that has an agreement with Pay.com.au authorising us to refer you to SendFX for the provision of foreign currency exchange services.
FX Services means the foreign currency exchange services and remittance services provided to you by the FX Provider.
Intellectual Property Rights means all intellectual property rights of any type whatsoever throughout the world including all present, future, registered and unregistered rights which subsist in copyright, patent rights, trademark rights and design rights.
International Payment means an international cross-border payment to Nominated Payees based outside of Australia.
International Payment Facilitation Service means the service of facilitating International Payments including the service of arranging for the FX Services to be provided to you.
International Payment Instruction means a Payment Instruction that relates to an International Payment.
Invoice Amount means the amount you direct us to pay to a Nominated Payee in a Payment Instruction and, where applicable, includes an Employment Payment.
KYC Procedures means the “know your client” identification and verification procedures that we undertake.
Nominated Payee means the payee that is nominated by you in a Payment Instruction to whom you instruct us to remit the Invoice Amount. Examples of Nominated Payees are merchants, suppliers, contractors, employees, the Australian Taxation Office and the trustee of an employee’s superannuation fund.
Partner Rewards means a reward or benefit offered by a PayRewards Partner which you can access or acquire by exchanging PayRewards Points.
Pay.com.au Account means your online account with Pay.com.au which enables you to use the Platform and access the Services.
PayConcierge has the same meaning as in the PayRewards Terms.
Payment Instruction means an instruction placed by you or an Authorised Payer via the Platform to process a payment to a Nominated Payee (which you must fund using an Approved Payment Method).  This includes International Payment Instructions.
PayRewards means the Pay.com.au loyalty program that enables a PayRewards member to earn PayRewards Points for Eligible Payments processed through the Platform in accordance with the PayRewards Terms.
PayRewards Partner means a third party that offers its own loyalty program and that has an arrangement with Pay.com.au so that Customers can redeem PayRewards Points for Partner Rewards. Our current list of PayRewards Partners can be found on the Website.
PayRewards Points has the meaning as in the PayRewards Terms.
PayRewards Terms means the terms and conditions governing PayRewards published on the Website, as varied from time to time. See here: PayRewards Terms.
PayTravel means the booking and concierge service that we offer pursuant to the PayTravel Addendum in the PayRewards Terms.
Platform means the Website and underlying software through which you may access and use the Services.
Platform Contact Details means the contact details that you have provided to us and which we will use to communicate with you.
Premium Subscription Services means the services or benefits that a Customer subscribed to the Premium subscription may access, which may include but is not limited to:

1. Reduced fees
2. Premium account management services
3. PayTravel services (capped)
4. Strategy advice

Pricing Schedule means the pricing schedule setting out the Fees and available on the Website, as varied from time to time. See here: Pricing.
Privacy Policy means the Pay.com.au privacy policy available on our website, as varied from time to time. See here: Privacy Policy.
Prohibited Industry means the prohibited industries listed on our website, as updated from time to time. See here: Prohibited Industries.
Prohibited Payment means any payment made in connection with one or more of the Prohibited Industries, or otherwise in connection with any illegal, fraudulent or other improper purpose.
Regular Subscription Services means the services or benefits that Customers subscribed to the Regular Subscription may access, which may include but is not limited to:

1. Reduced Fees
2. PayTravel services (capped)
3. Strategy Advice

Reward Program means a third-party reward or loyalty program through which you may earn points or other benefits by using a Valid Card or acquiring the goods or services offered by a PayRewards Partner.
Rules means the policies, rules and procedures of Pay.com.au which relate to the Services and/or Platform and deal with matters not dealt with in these Terms, or otherwise expand on matters set out in these Terms. The Rules will be published on the Website and apply as amended from time to time. See here: Payment Rules and Regulations.
Service Fee means the fees charged by Pay.com.au for providing the Payment Services, or in the case of International Payment, fees charged for providing the International Payment Facilitation Services, and as set out in the Pricing Schedule.
Services means the services provided by us to you, including but not limited to the Payment Services, International Payment Facilitation Services (but excluding the FX Services provided by the FX Provider), Other Services, or provided to you by us via the Platform or the Website, and any ancillary services provided by us from time to time.
Strategy Advice means advice provided by us in relation to how your business can benefit from PayRewards and Reward Programs.
Subscription Fee means the fee payable for the Regular Subscription Service or Premium Subscription Service in accordance with the Pricing Schedule and these Terms, as varied from time to time.
Valid Card means the Australian-issued credit card or debit card that is eligible for use on the Platform and that you provide the details for in a Payment Instruction. The Valid Card must be issued by an Australian issuer.
Valid Card Provider means the financial institution or entity that is the issuer of the Valid Card.
Website means the website located at pay.com.au.

CUSTOMER ELIGIBILITY

1. You must have a Pay.com.au Account to use the Services, unless stated otherwise.
2. To be eligible to apply for a Pay.com.au Account and use the Services, you must:
   1. be resident in Australia;
   2. be capable of forming a legally binding contract;
   3. hold a valid email address;
   4. have a contactable Australian mobile phone number;
   5. hold a current ABN, unless stated otherwise;
   6. hold an Authorised Payment Method; and be either:
      1. a body corporate registered in Australia;
      2. a partnership;
      3. an Australian government body;
      4. an association (incorporated or unincorporated); or
      5. an individual who is at least 18 years old.

3. We may, in our sole and absolute discretion, refuse to register your Pay.com.au Account, register an Authorised Payer, pay a Nominated Payee or otherwise provide you with Services. Pay.com.au is not required to provide you with a reason for refusing to provide you with any service.
4. We retain the right, in our sole discretion, to ask for further information as part of considering your application and verifying your identity, or as part of our compliance obligations or ongoing monitoring of your Pay.com.au Account, which must be provided within 5 business days of such request, or to set further requirements that may be reasonably necessary to protect Pay.com.au’s interests.

YOUR PAY.COM.AU ACCOUNT

5. You must register for a Pay.com.au Account to access the Services, unless stated otherwise. You can register for a Pay.com.au Account online via the Platform by providing the requested information, answering the mandatory account-opening questions, selecting the desired subscription level and accepting these Terms.  We may, in our sole discretion, refuse to open a Pay.com.au Account.
6. Your Pay.com.au Account will enable you to login to the Platform to manage your Pay.com.au Account, use the Platform and Services, and to manage other user details regarding your relationship with us. For example, you may store the details of a Valid Card or Bank Account on your Pay.com.au Account so that you can use those details for each Payment Instruction.
7. You agree to comply with, and to ensure that any Authorised Payer complies with, all requests to provide Pay.com.au with information and other documents required by Pay.com.au to conduct our KYC Procedures in relation to you and any Authorised Payer, Nominated Payee and/or holder of a Bank Account. If you do not provide us with the requested information, we may not provide the Services to you.
8. You permit us to keep a record of such information and to share it with third parties in accordance with our Privacy Policy, and authorise us to make inquiries, both directly and through third parties, to verify your identity and the identity of any Authorised Payer, Nominated Payee or holder of an Approved Payment Method, and to protect you and/or us against fraud or other financial crime.
9. You warrant that all information provided to us in the setup of your Pay.com.au Account is true and correct, and agree to promptly notify us if any of the information provided needs to be corrected or updated.
10. You are responsible for protecting and maintaining the security of your Pay.com.au Account, including your Pay.com.au Account login and password, your Authorised Payers, your Valid Card and Bank Account details and your data against any theft, fraud or illegal activity. This obligation extends to your Authorised Payers.
11. You are solely responsible for any activity in relation to your Pay.com.au Account, including Payment Instructions, and any activity undertaken by an Authorised Payer, and we will not be liable for any fraudulent or non-permitted use of your Pay.com.au Account or our Services. You must notify us immediately if you suspect your Pay.com.au Account has been compromised, hacked or the subject of a scam, phishing attempt, or fraudulent or illegal activity.
12. You acknowledge and agree that we may require you to confirm your Valid Card or Bank Account by completing a confirmation process, which will require you to confirm the amounts of two small deposits made by us to you (each between $0.01 and $1.00 AUD).
13. You must not, and must ensure that an Authorised Payer does not, use your Pay.com.au Account, the Platform or our Services in a fraudulent manner or in any way that may breach these Terms or damage Pay.com.au’s reputation.
14. You agree that we may place limits on your Pay.com.au Account, including transaction limits, restricting Authorised Payers, restricting Approved Payment Methods and restricting the Nominated Payees that you can pay.

Multiple Accounts

15. If you have more than one business, you may open more than one Pay.com.au Account. You agree and acknowledge that each business’s Pay.com.au Account will be treated as a separate account, including in relation to Authorised Payers, and that you may only apply for, and we will only open, one Pay.com.au Account per business.
16. For the avoidance of doubt, your obligations and rights in relation to a Pay.com.au Account, including in relation to protecting and maintaining the security of your Pay.com.au Account, apply to each Pay.com.au Account separately and do not change if you choose to link or are otherwise associated with more than one Pay.com.au Account.

User Management (Multiple Authorised Payers)

17. You may nominate more than one Authorised Payer to access and issue Payment Instructions via your Pay.com.au Account. When you add an Authorised Payer (referred to within the Platform as a “user”) to your Pay.com.au Account, you may be asked to provide information and authority in relation to that Authorised Payer. You represent that any such information and authority is correct and acknowledge that Pay.com.au may rely on it to provide the Services until such time that authority is revoked using the appropriate process via your Pay.com.au Account.
18. You must ensure that your Authorised Payers use and access the Pay.com.au Account in accordance with these Terms and with the Rules. We are entitled to assume that any person who submits a Payment Instruction from your Pay.com.au Account is an Authorised Payer and that the Payment Instruction is given with your authority, and you are entirely responsible for any Payment Instruction issued via your Pay.com.au Account.

 

PAYMENTS

Request to use Payment Services

19. You may from, time to time, give us a Payment Instruction requesting that we provide you with a Payment Service.
20. By giving us a Payment Instruction, you agree that the Payment Service we may provide to you in accordance with that Payment Instruction will be subject to these Terms. Each Payment Service we provide to you constitutes a separate agreement between you and us.
21. You acknowledge that these Terms do not constitute an agreement in advance to accept a future Payment Instructions, and any transfer of funds is subject to your acceptance of these Term at the time of submitting the Payment Instructions and our acceptance of your Payment Instruction.

Payment Services

22. We process Invoice Amounts to Nominated Payees on your behalf via the Platform, in accordance with your or your Authorised Payer’s Payment Instruction (Payment Service). This includes the Employer Payment Processing Service. We also provide the International Payment Facilitation Service, which involves us referring you to the FX Provider and arranging for you to receive the FX Services for the purpose of processing International Payments.
23. We will only process Eligible Payments. You must only use the Platform to make payments for business expenses, and not for any non-business-related purpose.
24. You must fund payments which you instruct us to make from an Approved Payment Method. In particular, we will not accept payments sourced from foreign bank accounts, foreign cards or cash.
25. To initiate a payment, you must submit a Payment Instruction via your Pay.com.au Account. You must provide us with the information requested in the Payment Instruction for us to make the payment to the Nominated Payee, including but not limited to your details, the amount, the payment reference, Nominated Payee BSB, bank account number or BPAY Biller Code.  The information requested in an International Payment Instruction may vary depending on the country to which you would like your payment to be sent. You give us permission to store this information for the purpose of future Payment Instructions. For the avoidance of doubt, we will not debit any amount from an Approved Payment Method without a Payment Instruction, and will not process any instruction that is not for an Eligible Payment.
26. When you submit a Payment Instruction that is not an International Payment Instruction, you authorise us to pay the Nominated Payee on your behalf. When you submit an International Payment Instruction, you authorise us to direct the FX Provider to pay the Nominated Payee on your behalf. You acknowledge that we will not make a payment or direct the FX Provider to make an International Payment before we receive cleared funds in our account equal to the Invoice Amount and our Fees for making the payment. You are responsible for ensuring that your Approved Payment Method has sufficient credit or funds (to cover both the Payment Instruction and our Fees) before submitting a Payment Instruction.
27. You are solely responsible for ensuring that the Payment Instruction is accurate and complete, and does not include any erroneous information (including but not limited to the name and account details of the Nominated Payee, the Invoice Amount(s), the date for payment, and method of payment). We will not be liable for any payment made in accordance with details provided by you in a Payment Instruction and you indemnify Pay.com.au against any costs or losses incurred by you or by the Nominated Payee as a result of you providing incorrect information in a Payment Instruction.
28. Subject to your Approved Payment Method having sufficient funds, Payment Instructions are ordinarily completed on or before two business days after the date of the Payment Instruction (T+2) save that International Payment Instructions are ordinarily completed on or before three business days after the date of the International Payment Instruction (T+3). We will not process a Payment Instruction before receiving cleared funds, or outside of normal banking transaction hours or on any day that trading banks or card schemes are not open for business. If we receive a Payment Instruction outside normal banking hours, we will process the Payment Instruction on the next day the relevant trading bank(s) or card scheme(s) is open for business. We are not liable or responsible for any delay, postponement or rejection of a Payment Instruction, including any cost, loss or damage incurred as a result of any late payment to a Nominated Payee.
29. We reserve the right to refuse, postpone any Payment Instruction or request further information in respect of any Payment Instruction, at any stage of the transaction process for compliance or legal reasons, including if you are in default of these Terms, in our absolute discretion. If we have deducted the Invoice Amount and Fee from your Approved Payment Method and subsequently refuse to finalise the Payment Instruction, we will refund the Invoice Amount and may, in our sole discretion, refund the Fee.
30. We do not guarantee that any Payment Instruction will be executed, accepted or recorded. You agree that we will not be liable in respect of any failure, refusal or postponement of a Payment Instruction. If we refuse or postpone a Payment Instruction, we will contact you to advise you of the refusal or postponement but are not required to provide you with any reason.
31. You acknowledge that we may use third party service providers to complete a Payment Instruction and that you may be required to agree to the terms and conditions of a third-party service provider for us to provide you with the Service. 

OTHER SERVICES

Employer Payment Processing

32. We may provide the Employer Payment Processing Service upon your request and our approval, as part of the Payment Service in accordance with the additional terms and conditions in the Employer Payment Processing Service Addendum.

International Payments

33. To access the International Payment Facilitation Service and FX Services, you must opt-in to ‘International Payments’ via your Pay.com.au Account. By opting-in, you consent to us providing your personal information, and any other information provided by you, to the FX Provider for the purposes of accessing the FX Services. Once the opt-in procedure is completed, your access is then subject to the FX Provider’s approval in each instance, such approval being given in its sole discretion. We reserve the right to remove your access to the International Payment Facilitation Service and FX Services at any time in our sole discretion.
34. By making an International Payment Instruction, you authorise us to refer you to FX Provider to provide FX Services directly to you and you consent to us providing your personal information, and any other information provided by you, to FX Provider for the purposes of processing your International Payment Instruction.
35. You acknowledge that Pay.com.au is not an issuer of foreign exchange contracts and that you will be required to enter into a separate arrangement with FX Provider in order to complete your International Payment. You will be required to agree and comply with FX Provider’s own terms and conditions. If you do not agree to be bound by FX Provider’s terms and conditions, we will not provide you with the International Payment Facilitation Service.
36. If you proceed to use the International Payment Facilitation Service, it is your responsibility to read the FX Provider’s terms and conditions as amended from time to time and agree to be bound by them, as required by the FX Provider, and you indemnify us in relation to any loss or damage that we suffer as a result of you breaching any such terms and conditions.

Strategy Advice

37. Upon your request, we may provide you with Strategy Advice to maximise the benefit that your business may gain from using PayRewards and Rewards Programs. Any Strategy Advice is based on and limited by the information you provide to Pay.com.au about your business, our knowledge of PayRewards and our research regarding Reward Programs. It is your responsibility to consider whether the Strategy Advice is appropriate for your business, and Pay.com.au is not liable for any loss or damage suffered as a result of acting upon the Strategy Advice.
38. We also provide the PayRewards Program to PayRewards members, and PayTravel services. The PayRewards Program is offered in accordance with the PayRewards Terms, and PayTravel services are offered in accordance with the PayTravel Terms.

 

APPROVED PAYMENT METHODS

39. A Customer may link more than one Approved Payment Method to their Pay.com.au Account, subject to:
    1. the Customer having authority to access and use the Approved Payment Method, including to make payments via the Platform
    2. the Customer confirming their authority to access and use the Approved Payment Method
    3. the Customer agreeing to the Terms
    4. pay.com.au’s sole discretion, which may be exercised to refuse the request to link an Approved Payment Method for any reason.
40. You are responsible for ensuring that the issuer of your Approved Payment Method will fulfil payments required to complete a Payment Instruction authorised by you.
41. We are not liable for any failure of the issuer of your Approved Payment Method. You acknowledge that the issuer of your Approved Payment Method may not permit you to process payments via the Platform, and you are liable for any and all expense, damage or loss incurred by us in the event of the misuse or unauthorised use of your Approved Payment Method and agree to indemnify Pay.com.au in relation to any loss, costs incurred by you, or any claims made against you, which are connected with or flow from any action or failure to act by the issuer of your Approved Payment Method.
42. You are deemed to have provided us with unconditional authorisation for your Approved Payment Method to be debited or charged with the Invoice Amount and the corresponding Fees when you submit a Payment Instruction.
43. You are responsible for ensuring that any Payment Instruction submitted from your Pay.com.au Account, the reason for the Payment Instruction and the Nominated Payee are permitted under the terms of your Approved Payment Method including prohibitions imposed by card issuers, and prohibitions imposed by account providers, which relate to your use of an Approved Payment Method.
44. We are not liable for any loss or damage suffered by you, or any claim made against you, in relation to any fraudulent or non-permitted use of your Pay.com.au Account or Approved Payment Method. You must notify us immediately if your Approved Payment Method is compromised, including for example if your Valid Card is lost or stolen or your Bank Account details have been hacked, by emailing support@pay.com.au. If we receive such notice, you authorise us to take reasonable steps to cancel any pending Payment Instructions using that Approved Payment Method and that we may refuse to accept new Payment Instructions using that Approved Payment Method.
45. com.au may refuse to add a Bank Account or Valid Card, and may place conditions or restrictions on a Customer’s ability to add an Approved Payment Method, in its sole discretion.
46. You are responsible for ensuring that the details of any Approved Payment Method that you link to your Pay.com.au Account are correct.
47. You represent and warrant that you are authorised to access and use any Valid Card and/or Bank Account that you link to your Pay.com.au Account. You agree that any payment initiated from your Pay.com.au Account to complete a Payment Instruction, including in accordance with a direct debit authority, and the subsequent remittance to the Nominated Payee, is based on your instruction and done on your behalf, and that you are responsible for the transaction. 

NOMINATED PAYEES

48. com.au reserves the right to determine the categories of Nominated Payees that Pay.com.au may agree to pay on your behalf. Pay.com.au may, but is not required to, publish these on the Platform, from time to time. We will not change any category of Nominated Payee without at least 14 days’ notice, unless we are required to make such change to comply with our legal obligations, contractual obligations with a third party, or to otherwise manage a risk to Pay.com.au.
49. You may add or remove a Nominated Payee via the functionality contained in the Platform. When adding a Nominated Payee, you must provide Pay.com.au with the information that Pay.com.au requests in relation to the Nominated Payee. Such information may include, but is not limited to:
    1. the Nominated Payee’s legal name, trading name, address, phone number, email address and other contact details;
    2. if the Nominated Payee is not an individual, an individual’s contact name and details;
    3. the Nominated Payee’s bank account details (for fund transfers) or other payment details;
    4. the Nominated Payee’s ACN and/or ABN; and
    5. for International Payments, any other information required by the FX Provider or relevant overseas financial institution.
50. We retain the right to disclose to Valid Card Providers any information we collect in relation to Nominated Payees to enable us to comply with the law and our third-party contractual obligations. To the extent applicable, you agree to inform Nominated Payees that we will collect and disclose such information.
51. com.au may, in its sole and absolute discretion and without providing any reasons, reject a Nominated Payee.

HOW WE MAKE PAYMENTS

52. In relation to Payment Instructions other than International Payment Instructions, Pay.com.au remits the Invoice Amount to the Nominated Payee after it has received the Invoice Amount plus applicable Fees from your Approved Payment Method. In relation to International Payment Instructions, Pay.com.au remits the Invoice Amount to FX Provider after it has received the Invoice Amount plus applicable Fees from your Approved Payment Method. FX Provider will convert the amount into the relevant foreign currency, in accordance with the rates displayed on the Platform which Pay.com.au is authorised to display on behalf of FX Provider. Any foreign exchange currency rates displayed on the Platform are offered by FX Provider and not by Pay.com.au. FX Provider will send the converted amount to the Nominated Payee in accordance with each International Payment Instruction. Payments processed via the Platform will appear on your Approved Payment Method account as a “purchase” from Pay.com.au.
53. You acknowledge and agree that when you make a payment, Pay.com.au will charge your Valid Card or Bank Account (depending on the Approved Payment Method selected on your Payment Instruction) for the Invoice Amount plus any related Fees.
54. We use third-party services providers to process Payment Instructions. We have no control over third-party providers we engage and are not responsible for any delay in processing a Payment Instruction caused by a third-party provider, including but not limited to the merchant facility we use to process Valid Card transactions, the issuer of your Approved Payment Method, FX Provider or any other payment service provider.

 

INVOICE AMOUNTS HELD ON TRUST

Visa, Mastercard, and Bank Payments

55. We hold all Invoice Amounts cleared and deducted from a Visa, Mastercard, or bank transfer payment method on trust for you, and for the sole purpose of completing the Payment Instruction, until the Payment Instruction has been remitted to your Nominated Payee, or in the case of an International Payment Instruction, until the International Payment Instruction has been remitted to FX Provider to be processed. These funds are held in a segregated account with our settlement bank (ANZ), which is used solely for the purpose of remitting customers’ Invoice Amounts to their Nominated Payees or FX Provider (in the case of International Payments). Whilst these funds are held on trust for you, and until either remitted to your Nominated Payee, to FX Provider (in the case of International Payments) or returned to you, we expressly acknowledge and agree that we will not use the Invoice Amounts for any other purpose.

American Express Payments

56. We hold all Invoice Amounts cleared and deducted from an American Express Card on trust for American Express until the Payment Instruction has been completed or in the case of an International Payment Instruction, until the International Payment Instruction has been remitted to the FX Provider to be processed. This means that, in the event of Pay.com.au’s insolvency, the money deducted from your American Express Card and held by Pay.com.au on trust for American Express will be returned to American Express. Accordingly, you will be able to make a claim with American Express for your deducted funds.

Returning Invoice Amounts

57. If the funds are not paid to the Nominated Payee in accordance with the Payment Instruction for whatever reason, including but not limited to if we refuse to complete a Payment Instruction, the Invoice Amount will be returned to the Valid Card or Bank Account from which the funds came (in respect of International Payments, the amount returned may be different if the Invoice Amount was required to be exchanged to AUD from a foreign currency at a different rate).
58. For the avoidance of doubt, Fees paid in relation to a Payment Instruction are paid to us and are not held on trust for you or American Express. 

CANCELLING OR REFUNDING PAYMENTS

59. Whether or not a Payment Instruction can be cancelled depends on (i) the status of that Payment Instruction (as displayed in your Pay.com.au Account and (ii) the status of the funds associated with that Payment Instruction. In respect of the status of funds, when Pay.com.au receives funds in respect of a Payment Instruction, will depend on the Approved Payment Method used. The table below sets out further detail on the cancellation of Payment Instructions.

60. Where Pay.com.au has a right to retain Fees in respect of any cancelled Payment Instruction as set out in the table above, Pay.com.au may, in its sole discretion, elect to return the Fees (or part thereof) to you.
61. If we reverse or cancel an International Payment Instruction or refund any payment after it has been received by us, the amount refunded may be different to the original Invoice Amount due to currency exchange fluctuations. If we instruct the FX Provider to cancel or reverse an International Payment Instruction, there may be an additional fee charged by the FX Provider for such cancellation or reversal, and we reserve the right to deduct such fee from the from the Invoice Amount before refunding the balance to you – if there is an additional fee charged by the FX Provider, we will notify you of this at the time we agree to proceed with the cancellation or reversal.
62. You acknowledge that any remittance of an Invoice Amount in accordance with a Payment Instruction is done on your behalf. If you have a dispute with the Nominated Payee concerning a payment or transaction after a Payment Instruction has been processed, you are solely responsible for recovering any amount that you wish to recover from a Nominated Payee. You release and indemnify us from and against any dispute or claim arising from a payment to a Nominated Payee made pursuant to a Payment Instruction.
63. You acknowledge that any Invoice Amount paid to us that is subsequently disputed or reversed, or which we are required to refund to you by the issuer of the Approved Payment Method, may not be forwarded to, or may be recalled by us from, the Nominated Payee. If your intended payment to the Nominated Payee is stopped or recalled or recovered by us, you may still be obliged to pay such Invoice Amount to the Nominated Payee under the terms of your agreement with the Nominated Payee. If we are unable to recall or recover funds that have been disputed or reversed, you are responsible and liable to pay us any outstanding amounts owed to us, which may include but are not limited to Fees for processing the relevant Payment Instruction.

CHARGEBACKS & REVERSALS

64. You acknowledge that if the funds you pay to Pay.com.au for us to complete a Payment Instruction are not received by us in cleared funds, or are reversed or charged back, we may suffer loss and damage in an amount not less than the applicable Invoice Amount and Fees.
65. To the extent permitted by law, and to the extent permitted by Pay.com.au’s agreements with its banks, card issuers, merchant facility providers and other third parties, you agree not to seek a credit card chargeback or payment reversal in respect of any payment made to Pay.com.au which relates to a Payment Instruction.
66. You indemnify Pay.com.au for any loss, cost, expense or damage which we incur due to a payment being reversed, charged back or otherwise not received by Pay.com.au, and without limitation, you agree to compensate Pay.com.au for an amount equal to the Invoice Amount that was reversed, charged back or not received plus associated Fees.
67. com.au may, in its sole and absolute discretion, charge your Valid Card or Bank Account for the amounts which we are entitled to recover pursuant to our right to be indemnified under clause 66.

REWARD PROGRAMS

68. PayRewards, including the issue and redemption of PayRewards Points, is provided pursuant to PayRewards Terms.
69. You may also earn points from a Reward Program on completed Eligible Payments. For example, you will earn Amex points when you use your American Express Card to make a payment via the Platform.
70. To earn reward points from a Reward Program via the Platform, you are required to be a member of that Reward Program and not be in breach of the terms and conditions that apply to that Reward Program.
71. We do not guarantee that reward points for a Reward Program will be earned in relation to a Payment Instruction. You agree that the existence or extent of benefits (including but not limited to reward points) from using a Valid Card will depend on the terms and conditions relevant to the relevant Reward Program and the Valid Card.
72. We are not responsible or liable for any failure by you, or by the Reward Program provider, in relation to the provision of the Reward Program or issuing of reward points, including points not being issued to you as a direct or indirect result of your failure to ensure that your information is correct and updated.
73. We are not agents or representatives of the third-party Reward Programs. It is your responsibility to read any terms and conditions that apply to a Reward Program, and you indemnify us in relation to any loss or damage that we suffer as a result of you breaching any such terms and conditions.
74. Information that we provide to you, including on our Website, in relation to a Reward Program has been obtained or provided to us from third-party providers. We are not responsible for any misrepresentation or false information obtained from, or provided to us, by third parties.
75. You must not use or exploit our Services or Platform to knowingly make a false claim for any benefit under a Reward Program.
76. You acknowledge that we may be required to have discussions with and disclose your information to the provider of a Rewards Program for the purposes of resolving any complaint or claim made by you or verifying your membership account, and authorise us to do so.

FEES

77. You agree that you will pay our Fees as charged from time to time as consideration for Pay.com.au providing the Services.

Subscription Fees

78. When you register for a Pay.com.au Account, subject to your application being accepted, you will be given a 30-day free trial to use the Platform. After the 30-day free trial, you will be asked to select between three subscription levels: Free, Regular and Premium.
79. The Fees, including the Subscription Fee, will vary according to your subscription level. You can change subscription levels at any time via your Pay.com.au Account.
80. The Subscription Fee will be charged every three months in advance based on the date that you were granted a Pay.com.au Account and deducted from your chosen payment method. For example, if you are granted a Pay.com.au Account on 25 January, you will be charged on 25 April, or the first business day immediately following that day. If you change your Subscription level during the three-month period for which you have paid, the difference in Subscription Fee will be charged on a pro-rata basis on the next payment date.
81. The Subscription Fee is not refundable. For the avoidance of doubt, if you cancel or downgrade your subscription, we are not required to refund Subscription Fees paid in advance. You will continue to have access to the Regular Subscription Services or the Premium Subscription Services (whichever is applicable) until the end of the three-month period in relation to which the Subscription Fee has been paid.
82. We may decrease or waive a Fee for promotional purposes from time to time, in our discretion.
83. We may change the Fees payable for the Services from time to time, and will provide at least 3 months’ notice of any Fee increase.

Service Fees

84. We will charge Service Fees for each Payment Instruction submitted by you. The Service Fees will be charged in addition to the Invoice Amount charged to or debited from your Approved Payment Method.
85. The Service Fees charged will differ depending on your Approved Payment Method and subscription level, in accordance with the Pricing Schedule, as varied from time to time.
86. For the avoidance of doubt, the Service Fee charged for a transaction is in consideration for the Payment Service or partial consideration for the International Payment Facilitation Service that we provide to you, and is not a fee or cost imposed by any PayRewards Partner.

International Payment fees

87. We charge you a fee for facilitating each International Payment (the ‘International Payment Facilitation Fee’). The International Payment Facilitation Fee is 0.2% of the FX Provider’s ‘buy price’ for that International Payment. This fee is built into the FX rate that the FX Provider presents to you in respect of any International Payment and is not displayed separately as an additional fee when you complete a Payment Instruction.
88. You may also be required to pay the FX Provider (via us) a flat fee in respect of an International Payment – if this fee is payable, it will be displayed to you separately at the time of submitting an International Payment Instruction.
89. Service Fees may also be payable by you in respect of an International Payment (as with , depending on the Approved Method used.
90. You agree to pay any additional fees charged by the FX Provider and incurred by us in relation to the processing of an International Payment Instruction, provided such additional fee is set out the FX Provider’s terms and conditions, and instruct us to deduct the amount of any such fee directly from your selected Approved Payment Method. Circumstances where an additional fee may be charged include where:
    1. You request to cancel or reverse an International Payment Instruction or International Payment;
    2. An International Payment Instruction is unable to be processed or is processed later than expected for reasons within your control (for example, where Pay.com.au or the FX Provider request additional information or material, and you fail to provide such further information or material in a satisfactory form in the timeframe requested);
    3. An intermediary bank charges an additional fee; and
    4. As otherwise set out in the FX Provider’s terms and conditions.

Other fees

91. We are not liable to pay any fees associated with your Approved Payment Method. We will pass on any fee charged by the issuer of your Approved Payment Method and paid by us in processing the Payment Instruction.
92. You agree to pay any additional fee charged by a third party and paid by us in relation to processing a Payment Instruction, including but not limited to any dishonour fees, and instruct us to deduct the amount of any such fee directly from your selected Approved Payment Method.
93. Fees payable in respect of any PayRewards Points earned in relation to a Payment Instruction are set out in Pricing Schedule and is otherwise governed by the PayRewards Terms. 

GENERAL TERMS OF USE

94. You will not, and you will not permit any other person (including but not limited to any Authorised Payer) to:
    1. use or access the Website, Platform or Services in a way that infringes our intellectual property rights or the intellectual property rights of any other person
    2. use or access the Website, Platform or Services in a way that breaches a term of an agreement between you and a third party, including the provider of an Approved Payment Method or Reward Program or FX Provider
    3. use any virtual private network or anonymous network or protocol to access the Website, Platform or Services
    4. use any method or process to consolidate or combine the Website or Platform with any other content, data, information, image or material
    5. decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense or otherwise attempt to construct or identify the source code, formulas or processes used by the Website or the Platform
    6. do anything which will or may damage, disrupt access to or interfere with the proper operation of the Website or the Platform for any period of time
    7. knowingly introduce viruses, Trojans, worms, bots, logic bombs or other malicious software to the Website or Platform
    8. do anything which will or may place an unreasonable load on the infrastructure of the Website or Platform
    9. post, distribute or send any ‘spamming’ material or any other form of bulk communication on or via the Website or Platform
    10. use the Website, Platform or Services to transmit any material which contains viruses or other computer codes designed to interrupt, limit or destroy the efficient operation of the Platform
    11. impersonate any person or entity
    12. use the Website, Platform or Services for any unlawful purpose, including (without limitation) any act or omission carried out for the purpose of money laundering or terrorism financing
    13. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction or data harvesting) on, or in relation to, the Website or Platform
    14. otherwise use the Website, Platform or Services for any purpose that may harm Pay.com.au’s reputation or the reputation of a PayRewards Partner
    15. act upon a communication or notice if you are uncertain or suspicious about its authenticity.

PROHIBITED USES

95. The Platform is intended to be used by Customers for business purposes only. The Platform must not be used for any other purpose, including but not limited to investment, trading, gambling, activities relating to a Prohibited Industry or any other purpose that may increase the risk of the Platform being used to launder money or finance terrorism, or be used to deal in the proceeds of crime.
96. You must not use the Platform to make a Prohibited Payment, or to pay yourself or a relative. If you are a company, you must not use the Platform to make a payment to a subsidiary or related entity, shareholder, director or associate.

CUSTOMER REPRESENTATIONS

97. You represent and warrant that:
    1. you will use the Website, Services and/or Platform in accordance with these Terms and the Rules
    2. if you are an individual, you are 18 years or older and capable of entering into a legally binding agreement
    3. if you are a corporation, you are duly constituted and registered and possess the requisite power to enter into these Terms, and any individual entering into these Terms on your behalf is authorised to do so
    4. all Authorised Payers have been validly appointed by the Customer, and the Customer will immediately notify Pay.com.au if a person ceases to be an Authorised Payer
    5. you are not using an anonymous network to access the Website, Platform or Services
    6. you will immediately notify us if you suspect your Pay.com.au Account has been compromised, hacked or the subject of a scam, phishing attempt, or fraudulent or illegal activity.
    7. all information you have provided to us is correct, current and complete at the date provided, and you will promptly notify us of any error or changes to such information
    8. you will disclose any matters to us that may affect the operation of these Terms, or your ability to comply with them
    9. you have complied and will continue to comply with all applicable laws, statutes, ordinances, and regulations (including without limitation anti-money laundering and counter-terrorism financing laws and any relevant data protection or privacy laws)
    10. your use of the Website, Platform and/or Services, including the submission of Payment Instructions, does not infringe the rights of any third party or breach any applicable law
    11. you are authorised to initiate Payment Instructions and to use the Approved Payment Methods
    12. you will not use the Website or Platform to make a Prohibited Payment or for any illegal or improper purpose including money laundering, tax evasion or the financing of terrorist activities
    13. you will not use the Platform to pay for goods or services that have not yet been received or delivered, or to pay for goods or services that otherwise breach the conditions in relation to the use of your Approved Payment Method
    14. you have regular access to the internet and consent to us providing you any information, including notice, via the Website or Platform. We may also contact you at the email address provided with your Payment Instruction. It is your responsibility to ensure that your contact details are current and up to date at all times, and to check for communications and information from us.

 

YOUR RELATIONSHIP WITH PAY.COM.AU

98. In relation to our Payment Service, you acknowledge that our principal role is to receive payments from your nominated Approved Payment Method, and to remit the Invoice Amount in accordance with a Payment Instruction to a Nominated Payee on your behalf. Pay.com.au is not:
    1. acting as trustee on your behalf
    2. your partner, employee, agent or joint venturer
    3. responsible in any way for the provision of goods or services by Nominated Payees to you or the operation of a Reward Program
    4. responsible in any way for the FX Services that the FX Provider provides to you.
99. You acknowledge that Pay.com.au is not a bank or other financial institution, and that it does not hold an Australian Financial Services Licence. Pay.com.au is, however, a Corporate Authorised Representative (No. 001317824) of the FX Provider (AFSL 509635).

SUSPENSION AND TERMINATION OF YOUR PAY.COM.AU ACCOUNT

100. We may suspend or terminate your Pay.com.au Account or your access to the Platform, or otherwise refuse to provide our Services to you, at any time without notice if we reasonably believe that you have breached or may breach these Terms or any other applicable laws, or if we form the view acting reasonably that your Pay.com.au Account has been hacked or is otherwise being used for criminal activity.
101. Suspension or termination of your Pay.com.au Account does not affect the payment of Fees or other amounts that you may owe us, including for Services already provided. If your Pay.com.au Account is suspended, we will immediately cancel all Payment Instructions associated with your Pay.com.au Account and will not accept the placing of further Payment Instructions. If we hold any cleared funds on your behalf in relation to uncompleted Payment Instructions, the funds will be returned to the Valid Card or Bank Account from which the funds came, minus Fees incurred.

NO GUARANTEE

102. We take reasonable steps to ensure we can deliver the Website, Platform and the Services effectively, reliably and securely. However, we do not warrant, guarantee or represent that:
     1. the Website, Platform or Services, or any information or other material accessible through our Platform, will be uninterrupted, timely, reliable, secure, error-free or is free of any virus, worm, trojan horse or other harmful component
     2. there will be operational stability, availability or continuation of the Website, Platform or the Services
     3. the Website, Platform or our computer systems are safe from hacking
     4. your use of the Website, or the Authorised Payer’s use of the Website, Platform and the provision of the Services will not infringe the rights of any third party.
103. In addition, the Website, Platform and/or Services may be suspended or discontinued in our sole discretion, and may be inaccessible at times due to:
     1. down-time and/or maintenance of the Website or Platform and their functions, by us or by third party service providers
     2. outages to the internet, networks or servers
     3. equipment failure, including the failure of third-party systems
     4. a Force Majeure Event.
104. You acknowledge that we have not made any warranty that the Services and/or the Platform will be error free, and we are not required to notify you of any malfunction in the Website or Platform, or if any Service is limited, restricted or ceases.

DISCLAIMERS AND LIMITATION OF LIABILITY

105. Except as otherwise provided for in these Terms, the liability of Pay.com.au, our affiliates or service providers, and any of our or their respective officers, directors, agents, employees or representatives, is limited to the Invoice Amount of the Payment Instruction(s) in dispute, or the total Fees paid to Pay.com.au in the 12 months immediately preceding the date that the alleged loss or damage was suffered, whichever is lower.
106. You agree that we will only be liable to you for loss or damage that is reasonably foreseeable and caused directly by our breach of these Terms, and that any liability (however arising) we may have to you is limited in accordance with these Terms.
107. We are not responsible for late payment fees or any other charges applied by a Nominated Payee, Valid Card Provider, or any other party arising from your use of the Platform, regardless of why the fee was applied.
108. We are not liable for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms, scams or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You acknowledge that you should always log into your Pay.com.au Account through the Platform if you are uncertain about the authenticity of any communication or notice.
109. We are not liable for any breach of these Terms where the breach is due to a Force Majeure Event, including any abnormal and unforeseeable or regulatory circumstances beyond our control, or where the breach is due to legal requirements.
110. We are not liable for any Reward Program that we recommend or in relation to which we provide information.
111. We make no representations in relation to, and are in no way liable for, any tax consequences or any claims whatsoever made against you resulting from your use of the Services.
112. The limitation of liability in these Terms is subject to any obligations that we have under applicable law and regulation which by law we cannot exclude, including our obligation to exercise reasonable care and skill in our provision of the Platform and the Services, however to the extent we are permitted by law to do so, we limit our liability under such obligations to (in our discretion) resupplying the relevant Service or the cost of resupplying the relevant Service.

INDEMNITY

113. You indemnify Pay.com.au and each of its directors, officers, shareholders, advisers, consultants, agents, employees and contractors (each an Indemnitee) against all liabilities, claims, losses and expenses (Losses) which may be incurred or suffered by the Indemnitees directly arising out of your failure, or the failure of an Authorised Payer, to comply with these Terms. Losses may include consequential losses and any legal fees incurred in defending or responding to Losses. This indemnity will not apply to the extent (and only to such extent) that Losses were incurred or suffered by an Indemnitee due to the fraud or wilful default of Pay.com.au.
114. We are not required to seek recovery or enforce any right against any other person or incur expense, loss, or damage or make any payment before enforcing a right of indemnity conferred by these Terms, but we must nevertheless take reasonable steps to mitigate any such expense, loss or damage.
115. You agree that, if requested by us:
     1. you will provide Pay.com.au with appropriate security for potential losses in relation to which we are entitled to an indemnity pursuant to these Terms; and/or
     2. you will procure that you, your directors, officers or other related third party, provide Pay.com.au with a separate guarantee and indemnity (on terms specified by us) in respect of the performance by you of your obligations under these Terms.

PRIVACY

116. We will collect, use and store your personal information in accordance with our Privacy Policy (as varied from time to time).
117. Without limiting our Privacy Policy, you expressly authorise us to disclose any of your personal or payment information or other data to a Nominated Payee or to any bank, card issuer, payment processor, PayRewards Partner or provider of a Reward Program, FX Provider or any other service provider used by Pay.com.au for the purpose or operating the Platform or providing our Services, including PayRewards. 

INTELLECTUAL PROPERTY

118. You acknowledge that we are the owner of all Intellectual Property Rights which subsist in your Pay.com.au Account, the Website and the Platform. You acknowledge that you have no Intellectual Property Rights in your Pay.com.au Account, the Website or in the Platform.
119. You agree to grant Pay.com.au a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable right to exercise the copyright, publicity, and database rights (but no other rights) you have in your information which we hold, in any media so that Pay.com.au may adequately provide the Services to you.

CONTACTING US

120. If you have any feedback, questions, or complaints (including in relation to a failure to use your Approved Payment Method on the Platform), contact us via the Platform by emailing support@pay.com.au or by telephoning 1300 241 723.
121. When you contact us, please provide us with your name, address, and any other information we may need to identify you, your Pay.com.au Account, and the transaction on which you have feedback, questions, or complaints.
122. Any notice will be deemed to have been received on the third banking day after posting.

VARIATION

123. Unless stated otherwise in the Terms, we may vary these Terms by providing 7 days advance notice via the Platform, by email, or by any other means, at any time. You will be taken to have accepted any changes to the Terms by continuing to use the Platform and submitting Payment Instructions, 7 days after that notice is provided.
124. You acknowledge that we may vary these Terms immediately without advance notice, in order to protect the security or integrity of the Platform, the Services or any Pay.com.au Account or Payment Instruction or to comply with law or regulation or to manage a technical or system fault or error. If such a change will materially impact you, we may provide compensation up to but not exceeding the amount of the Subscription Fee paid for the previous 3-month payment period.

 

MISCELLANEOUS

125. Third parties may have their own terms and conditions that you will be required to agree to and comply with for us to provide the Services. If you do not agree to the relevant third party’s terms and conditions, we may not be able to provide you with the Services.
126. Nothing on the Website or the Platform is intended to be, or should be taken as, financial, legal, taxation or accounting advice. Customers should seek their own financial, legal, taxation or accounting advice as needed, and before using the Platform or receiving the Services.
127. You are liable for any and all taxation implications relating to the Services, including your participation in any Rewards Program, which may result in you receiving reward points or other benefits as a result of using our Services.
128. We may assign all or part of our agreement with you without your consent and without notice to you. You may not assign our agreement with you without our consent.
129. These Terms are governed by the laws of Victoria, Australia. You and we submit to the exclusive jurisdiction of the courts of Victoria for resolution of disputes arising in relation to these Terms.
130. If any provision of these Terms becomes invalid, illegal or unenforceable in any respect under the law of any jurisdiction, the remainder of these terms will not be affected.

EMPLOYER PAYMENT PROCESSING SERVICE ADDENDUM

1. Where we have agreed to provide you with the Employer Payment Processing Service, the terms and conditions set out in this Addendum are incorporated into the Terms. If there is an inconsistency between a provision in this Addendum and the Terms, the provision in this Addendum will apply.
2. You acknowledge and agree that:
   1. the Employer Payment Processing Service will be used by you solely for the purpose of paying Employment Payments to your employees via the Platform;
   2. each employee to whom you instruct us to make an Employment Payment has entered into an employment agreement with your business;
   3. the terms of the employment agreement between you and each employee to whom you instruct us to make an Employment Payment comply in all respects with the requirements of Australian laws;
   4. you are solely responsible for calculating the amount of each Employment Payment to be transferred to your employees via the Platform, including (but not limited to) calculating any amounts of tax, superannuation or other payments or levies which relate to any Employment Payment, and you are responsible for remitting any relevant tax, superannuation or other amounts to the relevant authorities as required by law;
   5. our role is strictly limited to paying Employment Payments to your employees in accordance with your Payment Instruction, where your Payment Instruction is submitted via the Platform; and
   6. you will, immediately, upon request by us, ensure that you comply (and provide us with evidence of your compliance) with:
      1. the Rules; and
      2. all rules, directives and instructions made by a Valid Card Provider; and
   7.  you will provide us with any information which relates to the Employer Payment Processing Services, which is requested by a Valid Card Provider.
3.  Where requested by us, you will, within the time specified by us, provide us with the following information about your business:
   1. evidence of an employee to whom you instruct us to make an Employment Payment’s current employment with your business, including (but not limited to) a copy of the relevant current payroll records;
   2. evidence of all Employment Payments made by you to your employees, which were facilitated via the Platform; and
   3. any information or documents that Pay.com.au is required to obtain and/or provide at the request of an auditor, government agency, court, tribunal, regulator, or statutory authority in relation to our provision of the Services.
4.  You agree to indemnify us in relation to all costs, legal fees, and damages incurred by us in relation to:
   1. complying with a request from a government agency, auditor, court, tribunal, regulator, or statutory authority for the provision of documents or records relating to our provision of the Employer Payment Processing Service to you;
   2. any and all disputes between you and your employees which relate to a claim by one or more of your employees made in relation to an Employment Payment which was paid to an employee via the Platform;
   3. any and all investigations or legal or administrative actions by a government agency, statutory authority, court or tribunal which relates to an Employment Payment which was paid to an employee via the Platform; and
   4. any other claims against us which relate to or flow from your use of the Employer Payment Processing Service.