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Pre Authorized Payment Agreement for Australia

Pre Authorized Payment Agreement Template for Australia

A Pre-Authorized Payment Agreement is a legal document used in Australia that establishes an ongoing arrangement between a service provider and a customer, authorizing regular automatic payments from the customer's designated account. The agreement complies with Australian payment systems regulations, privacy laws, and consumer protection requirements, including the Payment Systems (Regulation) Act 1998 and the Privacy Act 1988. It details the payment terms, authorization procedures, modification rights, and dispute resolution processes while ensuring consumer protection under Australian law.

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What is a Pre Authorized Payment Agreement?

The Pre-Authorized Payment Agreement is essential for businesses operating in Australia that collect recurring payments from customers. This document is typically used when establishing ongoing payment arrangements for services such as subscriptions, memberships, loan repayments, or utility services. It must comply with Australian banking regulations, consumer protection laws, and privacy requirements. The agreement includes crucial details such as payment amounts, frequency, account information, and the parties' rights and obligations. It provides legal protection for both the service provider and the customer while ensuring transparency in the payment arrangement. This document is particularly important given Australia's strict regulatory framework around payment systems and consumer protection.

What sections should be included in a Pre Authorized Payment Agreement?

1. Parties: Identification of the payment service provider and the customer, including full legal names and contact details

2. Background: Brief context of the agreement and the purpose of establishing the pre-authorized payment arrangement

3. Definitions: Key terms used throughout the agreement including 'Payment Date', 'Authorization', 'Payment Method', etc.

4. Authorization: Express authorization from the customer for automatic debiting of their account

5. Payment Details: Specifics of payment amounts, frequency, and timing

6. Customer Account Information: Details of the customer's bank account or payment method to be debited

7. Service Provider Obligations: Responsibilities of the service provider regarding payment processing and notification

8. Customer Obligations: Customer's responsibilities including maintaining sufficient funds and providing accurate information

9. Modification and Cancellation: Process for changing or terminating the payment arrangement

10. Privacy and Data Protection: Handling of personal and financial information in compliance with Privacy Act

11. Dispute Resolution: Process for handling payment disputes and errors

12. General Terms: Standard contract provisions including governing law, notices, and entire agreement

What sections are optional to include in a Pre Authorized Payment Agreement?

1. Multiple Payment Methods: Include when customer can choose between different payment methods or wants to set up backup payment methods

2. International Payments: Include when payments involve foreign currency or cross-border transactions

3. Special Pricing Arrangements: Include when there are custom pricing arrangements or promotional rates tied to the payment method

4. Third Party Authorization: Include when payments are authorized by someone other than the account holder

5. Business Terms: Include when the agreement is with a business entity rather than an individual consumer

6. Service Level Agreement: Include when specific processing times or service levels are guaranteed

What schedules should be included in a Pre Authorized Payment Agreement?

1. Schedule A - Payment Schedule: Detailed schedule of payment amounts, dates, and frequency

2. Schedule B - Fee Schedule: List of all applicable fees including processing fees, failed payment fees, and any other charges

3. Schedule C - Authorization Form: Standard form for customer's bank account or credit card authorization

4. Appendix 1 - Customer Information Form: Form collecting all required customer details and payment information

5. Appendix 2 - Cancellation Form: Standard form for cancelling or modifying the payment arrangement

6. Appendix 3 - Direct Debit Request Service Agreement: Standard terms for direct debit arrangements as required by Australian banking regulations

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Australia

Publisher

Ƶ

Document Type

Account Agreement

Sector

Banking

Cost

Free to use

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