SaaS Plans Terms and Conditions

Last updated: 6 March 2023

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’. HelpPay grants The Provider a license to use HelpPay’s platform and HelpPay’s API and both HelpPay and The Provider are allowing the other party to use each other’s brand in accordance with the terms set out in this Agreement.

Both organisations are entering this Agreement in good faith with the understanding and intention to benefit each other and The Provider’s customers.

1. Definitions

1.1. ‘Customer’, ‘customers’ and ‘customer(s)’ means the customers of The Provider.

1.2. ‘Helper’ and ‘Helpers’ refers to people who make payments towards one or more bills of The Provider’s customer(s).

1.3. HelpPay Bill Payment Page means the unique web pages that HelpPay’s platform generates per unique bill, when requested by a customer within the customer facing App or The Provider, via the API.

1.4. Monthly Transaction Quantity means the total number of individual transaction attempts in a month regardless of the amount and, inclusive of all invalid transaction attempts (e.g., failed credit card payments due to the card being over the limit).

1.5. Monthly Transaction Value means the total financial amount of successfully processed transaction in $AUD in any given month.

1.6. SaaS Product Tier means a subscription product for businesses to access HelpPay’s software platform and API.

1.7.  Transaction Fee(s) are all third-party transaction fees incurred by HelpPay on behalf of its third-party suppliers and which include but are not limited to BPAY and credit card processing/merchant services fees. All third-party processing fees incurred by HelpPay must be disclosed by HelpPay’s Terms of Service in the “Fees and Charges”.

2. Transaction Fee Free Payments

2.1. When subscribed to a HelpPay SaaS Product Tier, The Provider is entitled to use the HelpPay brand to offer HelpPay as a Transaction Fee free payment option to its customers.

2.1.1.1.The Provider’s bills are defined by the BPAY biller code(s) The Provider advises to HelpPay which are to be Transaction Fee free.

2.1.1.2.The Provider may provide use more than one BPAY biller code under this Agreement (provided they are a fully owned subsidiary that trades under the same brand name) and acknowledges that by doing so all payments made via HelpPay on the provided BPAY biller codes are to be Transaction Fee free.

3. Brand Use

3.1. Both organisations are granted the right to use each other’s brand, logo and brand marks in digital and non-digital environments it controls in line with each party’s brand guidelines for:

3.1.1. The Provider to make its customers aware of HelpPay as a Transaction Fee free payment option.

3.1.2. HelpPay to promote The Provider’s use of HelpPay and that payments for providers bills through HelpPay are Transaction Fee free.

3.1.3. Marketing to the general public, as well as past, future and existing customers that The Provider’s bills paid via HelpPay are Transaction Fee free.

3.2. The Provider may use HelpPay’s brandmarks in line with HelpPay’s brand guidelines (found here - https://drive.google.com/drive/folders/1pnjJNQb5Dt7eRzo0Tq2HTgtXV9TxTaeq?usp=sharing) 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.

3.3. 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 Provider’s 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.

3.4. 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.

4. HelpPay’s API

4.1. HelpPay’s API has been developed to give The Provider more control with HelpPay.  The API enables The Provider to:

4.1.1. Create HelpPay Bill Payment Page links for any and all BPAY linked bills.

4.1.2. The Provider can share the HelpPay Bill Payment Page link to any customer or nominated helper(s) as per its own processes and regulatory obligations.

4.1.3. HelpPay Bill Payment Page links The Provider creates can be shared via any digital or print medium.

4.2. At the SaaS Product Tier The Provider is signing up to, The Provider is entitled to 3 x 60-minute 1-1 training sessions for using the API, in addition to email support and online API training resources.

5. Payment for SaaS Product Tier

5.1. The Provider is committing to subscribe to HelpPay’s SaaS platform and agrees to pay HelpPay the SaaS Product Tier as indicated in Appendix 1.

5.2. The Provider receives the inclusions as indicated in Appendix 1.

5.3. Monthly platform fees are payable in advance and commence on the 1st of each month. If the first billing period commences during the month, then the first invoice will be charged at a pro-rata rate for the days that the subscription is active within that month.

5.4. HelpPay will advise The Provider when The Provider reaches 90% of their Transaction Fee free Monthly Transaction Quantity or Monthly Transaction Value within any month​.

5.5. Minimum term is 90 days or 3 months​.

5.6. HelpPay bills in Australian dollars.

5.7. If the total Monthly Transaction Value or Monthly Transaction Quantity within a calendar month exceeds the maximum allocation within the SaaS Product Tier The Provider is subscribed to, HelpPay will charge The Provider at the next SaaS Product Tier up on a pro-rata basis for the number of days The Provider is within the next SaaS Product Tier within the current billing period to maintain the fee-free transactions occurring on the HelpPay platform.

5.8. If payments to The Provider’s bills exceed the caps for the SaaS Product Tier, it is on for either:

5.8.1. Two consecutive months, or;

5.8.2. Within the first 21 days of the month​;

The Provider will be automatically migrated to the next higher SaaS Product Tier from the start of the following month​ (refer Appendix 1 for tiers).

5.9. If The Provider wishes to reduce the SaaS Product Tier currently subscribed to, 30 days’ notice must be provided to accounts@helppay.com.au, and the new SaaS Product Tier comes into effect from the next full billing cycle​.

5.10. By providing 90 days’ notice in writing to accounts@helppay.com.au, The Provider can opt out of any SaaS Product Tier. After 90 days HelpPay will:

5.10.1. Disable The Provider’s access to the API;

5.10.2. Disable fee free transactions on The Provider’s biller code(s);

5.10.3. Update relevant communications, materials;

5.10.4. Advise HelpPay’s customer base that when using HelpPay that The Provider’s bills, as determined by its BPAY biller codes, are no longer Transaction Fee free via the HelpPay platform.

5.11. All HelpPay SaaS Product Tier pricing as outlined in Appendix 1 is valid for 12 months from the data of signing​.

6. HelpPay Platform Payment Processing

6.1. HelpPay will direct funds paid via the platform to bills from The Provider solely via the BPAY details provided to HelpPay by The Provider’s customers.

6.2. HelpPay asks all customers to be truthful in their submission(s) of their billing information to HelpPay.

6.3. HelpPay’s Terms of Service are clear about the consequences to customers of providing false or misleading information.

6.4. HelpPay assumes no liability for loss by customers or Helpers who make payments towards a bill where the customer has entered incorrect billing information.

6.5. In most cases HelpPay will transfer funds paid on the HelpPay platform to the BPAY Customer Reference Number (CRN) and BPAY Biller Code provided to HelpPay by the customer within 36 hours

6.5.1. In some instances the payment transfer may take longer in order for HelpPay to comply with its obligations as an Australian payment remittance provider including, but not limited to, Fraud and AUSTRAC reporting requirements.

7. Analytics and Reporting

7.1. HelpPay will provide a monthly usage report no later than the 15th of every month for the previous calendar month, for as long as The Provider is subscribed to a SaaS Product Tier.

7.1.1. Monthly reporting for The Provider’s BPAY biller code(s) will include:

7.1.1.1. The Monthly Transaction Value of successful and unsuccessful payments made;

7.1.1.2.The Monthly Transaction Quantity of successful and unsuccessful transactions;

7.1.1.3. Total bill value uploaded onto the HelpPay platform.

8. Compliance and Privacy

8.1. Each party acknowledges and agrees that by entering into this Agreement it agrees to be bound by and comply with all applicable Australian Privacy Laws and the privacy policy of the other party as made available on their respective websites.

8.2. The Provider understands HelpPay is unable to breach its regulatory and legislative obligations under the Privacy Act, SPAM Act and AUSTRAC reporting 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.

8.3. HelpPay collects and uses customer and Helper data in accordance with its Privacy Policy, hosted here https://helppay.com.au/privacy

8.4. 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.

8.5. The Provider accepts it cannot limit through direction or mandate HelpPay’s marketing activities direct to the public on any platform.

8.6. HelpPay will, to the extent that it is required under Victorian and Federal Australian law comply with all regulatory and legal obligations.

8.7. The Provider acknowledges HelpPay currently restricts one-time payments to under than $10,000 AUD. The Provider may request HelpPay increases payments to over $10,000 AUD for its BPAY biller codes and by doing so acknowledges that HelpPay is required by AUSTRAC to report all payments over $10,000 via AUSTRAC’s online portal.

9.     Termination and consequences of termination

If this Agreement is terminated:

a) HelpPay reserves the right to terminate the agreement if it deems the service is:

i) Not being used in a fair and reasonable manner, or;

ii) Is being used in a way designed to exploit its service. 

b) Either party may terminate this Agreement with 90 days’ notice in writing to the other party.

c) The Provider must pay to HelpPay all outstanding invoices and any other amounts payable under this Agreement.

d) Upon termination The Provider must remove all references to HelpPay wherever it appears on its assets by the termination date.

e) In the event of termination of a formal relationship between HelpPay and The Provider, HelpPay is under no obligation to block or restrict payments to The Provider if customers and helpers choose to continue use HelpPay for that purpose.