Camtech Referrer Terms & Conditions
DEFINITIONSThe following words have these meanings:
"Applicant" means the party named under 'Company Information', excluding a party related directly or indirectly to an employee of Camtech, at the sole discretion of Camtech;
"Bank" means any bank providing a merchant service facility to the Client;
"Client" means a party to a Payment Services Application arising from a Referral;
"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;
"Card Transaction" means a payment transaction or refund attempted by the Client;
"Execution Date" means the date that your online referrer application is submitted;
"GST" means any tax payable under the 'A New Tax System (Goods and Services Tax) Act 1999' and any related or replacement act;
"Invoices" means an invoice or invoices issued by Camtech to the Client for fees rendered pursuant to a Payment Services Application but excludes any component thereof that relates to development, customisation or programming work and any recovery of out of pocket expenses relating to telephony;
"Payment Services" means credit card payment 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 Card Transaction reports, as applicable;
"Payment Services Application" means an agreement, in a form prescribed by SecurePay, entered into between the Client and SecurePay for the provision of Payment Services;
"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; and
"Referral" means the referral of a prospective Client by the Applicant to Camtech for the provision of Payment Services, accepted as such in the sole discretion of Camtech, but specifically excludes the Applicant and any party related thereto.
COMMISSIONS
Camtech will pay to the Referrer a Commission calculated by multiplying the Commission Rate specified in your application to Invoices rendered by Camtech to the Client in any given calendar month. The Commission will be paid by direct bank deposit into the bank account, the details of which are specified in your application, such payment being made in the month following the month in which the Invoices were rendered. Camtech may withhold, in its absolute discretion, a Commission payment or any part thereof until such time as payment of the Invoices is received by Camtech. In the event a Commission is paid and the Invoices to which the Commission relates is not, Camtech may deduct the applicable Commission from any future Commission payment and if no such payment takes place, can recover such Commission from the Referrer.
EXCLUSIONS
For the avoidance of doubt, Commissions will not be paid on:-
1. any component of an Invoice that relates to development, customisation or programming work and any recovery of out of pocket expenses relating to telephony, or
2. an Invoice rendered to a Client that is the Applicant or any party related thereto.
ACCEPTANCE OF REFERRALS
Camtech agrees to accept a Referral from the Referrer with a view to entering into a Payment Services Application therewith but provides no guarantee of such occurring.
SECURITY
Camtech will not collect or otherwise deal in commercially sensitive information, except to the extent necessary to execute its obligations herein or in respect of the Payment Services Application.
FEES
Camtech retains sole discretion to set and vary from time to time the fees it charges under the Payment Services Application to the Client, subject to any restrictions therein.
WITHDRAWAL OF PAYMENT SERVICES
Camtech reserves the right to immediately and without notice to the Client and the Referrer, 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 Client fails to comply with its obligations in relation to their Payment Services 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; or
6. this Application is terminated for any reason.
In the event Payment Services are withdrawn, the Referrer is no longer entitled to Commissions.
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 and under the Payment Services 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 or under the Payment Services Application either by the Applicant or the Client.
GST
Commissions quoted exclude GST. Where SecurePay is entitled to make any payment under this Application, SecurePay will also pay the amount of the GST on any supply (within the meaning of the GST Legislation).
PRIVACY LEGISLATION
Camtech will comply with the Privacy Amendment (Private Sector) Act 2000 and the National Privacy Principles in respect of the storage and handling of information.
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.
Please read these Terms and Conditions, and print or download a copy for your records. If your computer hardware and software will not allow you to display the Agreement in its entirety or if it will not allow you to retain a copy of the Agreement, do not give your consent.
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