Brand agreement Terms and Conditions
Last updated: 6 March 2023.
This Agreement is to confirm that via the signing of this agreement between HelpPay Pty Ltd (ABN 58 642 628 117) hereafter referred to as ‘HelpPay’ and your organisation hereafter referred to as ‘The Provider’ are entering into a brand sharing agreement for use of HelpPay’s platform and ‘Bill Upload’ tier of product.
Additional definitions
‘Customer’, ‘customers’ and ‘customer(s)’ refers to the billable customers of The Provider.
‘Helper’ and ‘Helpers’ refers to people who make payments towards one or more bills of The Provider’s customer(s).
Both Organisations are entering this Agreement in good faith with the understanding and intention to benefit each other and the customers of The Provider.
Brand usage
Both organisations are granted the right to use each other’s brand logo in digital and non-digital environments it controls for:
The Provider to make its customers aware of HelpPay as a payment option.
HelpPay to promote The Provider’s use of HelpPay.
The Provider is entitled to use the HelpPay brand, within HelpPay’s brand guidelines, to offer HelpPay as a payment option to its customers.
The Provider may use HelpPay’s brands on any physical (letters, bills, follow-up communications, etc) and digital (websites, mobile and web applications, other online, portals, ebills, SMS and in social media) assets and platforms it owns to residential, small business and enterprise customers of The Provider.
HelpPay will make available to the Provider its brand assets including its logo, brand guidelines, tone of voice documentation, FAQs.
HelpPay will work with the Provider to develop talking points for customer services teams to discuss and answer questions about HelpPay, as well as suggested content for inclusion on The Providers website and digital portals or applications, including suggestions for placement of that content, to maximise the likelihood of usage by customers who have a need for HelpPay and choose to use it.
HelpPay’s brand guidelines and brand assets can be accessed here: https://drive.google.com/drive/folders/1pnjJNQb5Dt7eRzo0Tq2HTgtXV9TxTaeq?usp=sharing
HelpPay may invite The Provider to engage in public relations activities, media appearances or surveys from time to time. It is at the discretion of The Provider to choose to take-up these opportunities.
Payments and financial exchange
HelpPay and The Provider agree there is no financial exchange to setup, maintain or process transactions under the terms of this Agreement.
HelpPay confirms there are no sign on fees, platform or licensing fees to The Provider, and no fees payable from The Provider to HelpPay under the terms of this Agreement.
HelpPay will direct funds to customer account(s) managed by The Provider solely via the BPAY details provided to HelpPay by The Provider’s customers. HelpPay assumes no liability for loss by customers or Helpers who make payments towards a bill where the customer has entered incorrect billing information.
HelpPay will transfer funds to the BPAY Customer Reference Code and Biller Code provided to HelpPay within a minimum of 24 hours and as speedily as reasonably possible after HelpPay has completed, to its satisfaction, its obligations as an Australian payment remittance provider including, but not limited to, Fraud and AUSTRAC reporting requirements.
HelpPay asks all customers to be truthful in their submission(s) of their billing information to HelpPay.
HelpPay’s Terms of Service are clear about the consequences to customers of providing false or misleading information. All the HelpPay Terms of Service apply to the users of the HelpPay platform.
Analytics and Reporting
HelpPay is under no obligation to provide analytics or reporting about the usage rates of The Provider’s customers are using HelpPay, including but not limited to:
The volume or value of bills for The Provider’s BPAY biller code(s), payments volume, total or average values of the payments, the exact or average amount of ‘Helpers’ who see a bill, and or how many Helpers make payments.
How The Provider’s customers usage of HelpPay compares to specific competitors and or the vertical or verticals it provides services in.
If The Provider would like access to this analytics data a higher HelpPay product tier will need to be subscribed to by The Provider. Please contact HelpPay to understand rates and options available.
Compliance and Privacy
The Provider understands HelpPay is unable to breach its regulatory and legislative obligations under the Privacy Act and as such is unable to provide any information about payment(s) made towards a customer’s bill(s) that could personally identify, or lead to a person, or persons, being personally identifiable.
The Provider understands that HelpPay has its own, separate, relationship(s) with individuals who may also be The Provider’s customers prior to, during, or after the individual’s relationship with The Provider.
The Provider accepts it cannot limit through direction or mandate HelpPay’s marketing activities direct to the public on any platform.
HelpPay will, to the extent that it is required under Victorian and Federal Australian law comply with all police or other law enforcement obligations.
Termination
Either party may terminate this agreement with 60 days’ notice in writing to the other party.
Upon termination the Provider must remove all references to HelpPay wherever it appears on its assets by the termination date.
HelpPay retains the right to process payments on behalf of the Provider if customers and helpers continue to choose to use HelpPay for that purpose.
