Camtech Terms & Conditions

DEFINITIONS
The following words have these meanings:
"Anti Fraud Checking" means a series of checks made on a Web Payment Transaction (payment only);
"Business Day" means a day on which trading banks are open for business in Australia;
"Business Hours" means hours between 9am and 5pm Eastern Standard Time on Business Days;
"Bank" means the Bank specified in Merchant Application Form Step 2;
"Camtech" means SecurePay Pty Limited trading as Camtech ABN 92 088 101 875;
"Credit Card Agreement" means an agreement between the Applicant and a Bank or card scheme provider (in the case of American Express, Diners Club and JCB) that provides credit card facilities authorising the Applicant to process credit card payments;
"Execution Date" means the date you submit the Merchant Application Form in Merchant Application Form Step 5;
"Fees" means amounts billable by Camtech to the Applicant under this Application;
"FraudGuard" means the service of Anti Fraud Checking;
"GST" means any tax payable under the 'A New Tax System (Goods and Services Tax) Act 1999' and any related or replacement act;
"Payment Services" means Transaction processing services provided by Camtech utilising the Payment System including the provision of access via the web to a merchant management facility and the distribution of emailed Transaction reports, as applicable;
"Payment System" means the software and technology system known as Camtech, SecurePay, eSec or DirectOne Payments Gateway enabling a payment to be made using either a phone or a web site;
"Term" means in respect of Post Paid Plan 2 and Post Paid Plan 3, three years, and in respect of all other plans, the earlier of the period during which the Transaction Entitlement (if any) is used and one year;
"Transaction" means a payment, pre-authorisation of a payment, refund or reversal attempted by the Applicant or their customer, via a credit or charge card, as applicable; and
"Transaction Entitlement" means the number of Transactions able to be processed by the Applicant specified in Merchant Application Form Step 3 within the Term.

PAYMENT SERVICES
Camtech agrees to provide the Payment Services to the Applicant for the purpose of processing Transactions via the Payment System.

CAMTECH'S OBLIGATIONS
Camtech will attempt to process via the Payment System Transactions made using:
1. any MasterCard Card issued by a member or affiliate of MasterCard International Inc, on which the MasterCard or MasterCard II marks appear, and any other card conforming to the Standards established by MasterCard International Inc.;
2. any Visa Card issued by a member or affiliate of Visa International on which the Visa marks appear, and any other card conforming to the Standards established by Visa International; and
3. any duly authorised American Express, Diners Club or JCB credit card which has been approved by Camtech,
subject to a valid Credit Card Agreement being in place in respect of each type of Transaction to be processed.

CONFIDENTIALITY
Camtech will maintain the confidentiality of each Transaction and will not collect or otherwise deal in commercially sensitive information, except to the extent necessary for the Payment Services.

FEES
The Applicant must pay to Camtech the Fees within 30 days of invoice date. Transaction Fees without FraudGuard are charged for or deducted from the Transaction Entitlement on Transactions that are either approved or declined by the Bank. Transaction Fees with FraudGuard are charged for or deducted from the Transaction Entitlement on Transactions reviewed by Anti Fraud Checking. Camtech is not obliged to refund any portion of the Fees in the event that this Agreement is terminated for any reason.

In the event you default in making payment and recovery action is undertaken, you will be responsible for all expenses in relation to the collection of the outstanding amount including, but not limited to, all charges and fees, legal costs on an indemnity basis, and disbursements.

AUTHORITY
The Applicant authorises Camtech and the Bank (as applicable) to:
1. discuss any matter that relates to the establishment of an Internet Merchant Account, the provision of the Payment Services and the Applicant's Obligations,
2. complete and/ or correct any details in this Application, and
3. provide where necessary a copy of this Application as evidence of the granting of such authority.

SOFTWARE (as applicable)
Camtech licenses to the Applicant on a non-exclusive non-transferable basis for use on the Web Site during the Term, such software as is necessary to link the Web Site to the Payment System.

APPLICANT'S OBLIGATIONS
Without limiting the Applicant's obligations under this Agreement, the Applicant will:
1. comply with all reasonable directions of Camtech relating to the Payment Services including only implementing an Interface exactly to the specification of the relevant integration guide;
2. comply with all technical, security and privacy standards set out by the Bank and the card scheme providers and provide evidence of compliance to Camtech upon request.

WITHDRAWAL OF PAYMENT SERVICES
Camtech reserves the right to immediately and without notice to the Applicant, withdraw or temporarily suspend, the Payment Services, or any part thereof, in the event that:
1. the Applicant ceases to be a party to a binding Credit Card Agreement;
2. the Applicant fails to comply with its obligations in relation to this Application;
3. if advised to do so by any Bank, Visa, MasterCard, Diners, Amex or JCB;
4. if fraud or the inability of the Applicant to meet charge backs is suspected;
5. if the Applicant is suspected of not meeting security standards set out by the Bank or card scheme providers;
6. this Application is terminated for any reason; or
7. a service upon which the Payment System relies is unavailable.

LIABILITY
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements and representations relating in any way to the services provided under this Application are excluded. Without limiting this, Camtech will not be liable for any loss or damage (including consequential loss or damage) however caused (whether by negligence or otherwise) which may be suffered or incurred or which may arise directly or indirectly in respect of any services provided under this Application.

GST
Where Camtech is entitled to any payment under this Application, Camtech will also be entitled to recover the amount of the GST on any supply (within the meaning of the GST Legislation).

PRIVACY LEGISLATION
Camtech undertakes to comply with the Privacy Amendment (Private Sector) Act 2000 and the National Privacy Principles in respect of the storage and handling of information.

CONDITIONS PRECEDENT
This Application is conditional upon the Applicant being granted a Credit Card Agreement, as applicable, and Camtech's acceptance of this Application.

TERM
Payment Services will be provided for the Term commencing on the Execution Date and for additional Terms if not otherwise terminated in writing by either party 14 days after the end of the concluding Term.

GOVERNING LAW
This Application is governed by the laws of the State of Victoria, Australia.

COMMISSION
Camtech may pay commission to any person who introduces the Applicant to Camtech.

OTHER TERMS
Block Fees are charged in advance on the Execution Date and subsequently in advance at the earlier of 12 months from the Execution Date or the day on which the Transaction Entitlement is fully used. Annual Fees are charged annually in advance. Monthly Fees, Transaction Fees, Set Up Fees and Telephony are charged monthly in arrears. All Fees exclude GST. Unused Transaction Entitlements expire at the end of 12 months.

ACCEPTANCE
The Applicant agrees to be bound by the Terms and Conditions published herein including any and all updates made from time to time,
  1. if in the event of an online application, the Applicant selects the option to accept the Terms and Conditions and clicks the "Set Up My Account" button, or
  2. if the event of a paper application, the paper application refers to the Online Terms and Conditions herein,

provided howsoever that if the Applicant, does not agree to any such update, the Applicant may terminate this Merchant Application within 30 days of the update being published.