'You', ‘your’ means a user of FitToPay who is a debtor of “illion Customer” and agrees to pay the overdue debt (“Debt”) to illion.
'illion', 'we' or 'us' means illion Australia Pty Ltd trading as Milton Graham.
'illion Customer' means a customer (a) who has entered into a separate agreement with illion for end-to-end debt recovery solutions; and (b) who has referred your Debt with them for recovery by us.
FitToPay enables you to manage the payment of your Debt, by providing an online platform where you can:
- set up a Payment Plan (as per clause 3)
- select the payment amount you can afford to make based on your personal circumstances, subject to your total outstanding debt and terms determined by illion Customer;
- select your nominated financial institution and set up the payment method (using your direct debit transactional account);
- decide on the frequency of payment (weekly, fortnightly or monthly); and
- set up the minimum bank account balance so payments are only made when there are enough funds in your bank account and your bank account does not fall below your nominated minimum account balance.
- your direct debit account details; and
- your contact information, including details to enable you to receive electronic reminders and other correspondence from us in relation to your Payment Plan.
- Once you set up your payment Plan as per clause 3, FitToPay will send you a text message (SMS) on your mobile No. registered with us to confirm that you are okay for the amount to be debited from the nominated bank account.
- You must respond to the SMS on the same day so as not to miss a payment.
FitToPay gives you the control and this is all made possible through the specialised services provided to us by Split Payments and illion Open Data Solutions (one of our Related Bodies Corporate).
- FitToPay enables you to manage the payment of your Debt, by providing an online platform where you can:
- Access to FitToPay is only available by invitation, not all debtors may be eligible to use FitToPay.
- To access FitToPay, please follow the URL link sent out in the email sent to you and enter the required details to validate your account. MG Reference No. can be found on the email sent to you. After validation, you can set up your password (Access Credentials). Keep your Access Credentials secure at all times and ensure these are only used by you.
- You must promptly notify us if you become aware, or suspect, that your Access Credentials have been compromised.
Setting up Payment Plan - When you set up a Payment Plan:
- it must comprise at least two instalment payments;
- the minimum amount of each instalment will vary dependant on your total outstanding debt;
- where practicable, we will calculate the payments so that all instalment payments are exactly the same. If that is not possible, we will calculate the payments so that the last instalment payment is less than the regular instalment payments under the Payment Plan.
- Updating your Payment Plan - To update your plan you will need to contact the FitToPay support team at email@example.com.
- Payments made under the Payment Plan will be deducted from the total debt owing.
Cancelling your Payment Instalment Plan - Your Payment Plan can be cancelled:
- by You at any time by logging into your FitToPay account;or
by Milton Graham if any of the following occur:
- illion Customer recalls the Debt;
- illion Customer makes a balance adjustment to the Debt (which means the original Debt is revised)
- Bank credentials are changed by you after setting up the Payment Instalment Plan; or
- we are obliged to discontinue collection activity on your account (including when an illion Customer instructs us to do so);
Consequences of cancellation - If your Payment Instalment Plan is cancelled:
- You may no longer be eligible to access and use FitToPay or continue payment of your Debt through the Payment Plan and you may be directed to make the payments using other payment methods as directed by us.
- Any payments made to date until cancellation will be deducted from the total Debt.
- Cancellation of Payment Plan does not mean that the Debt has been paid any further outstanding amount will be payable.
Missed payments – If under a Payment Plan you miss:
- up to six (6) payment instalments - those payment(s) will be added to the end of the payments schedule for the applicable Payment Plan (this will have the effect of extending the payment term);
- a seventh (7th) payment - the Payment Plan will automatically be cancelled, and the consequences of cancellation will apply.
Note: With FitToPay, instalment payments are not debited automatically from your bank account unless you confirm and approve the SMS. You must ensure that you respond to the SMS on the same day so as not to miss a payment.
Payment Processing Date - If you set up a Payment Plan with monthly, weekly or fortnightly payments, you may select the day of the month on which each payment will be processed (Payment Processing Date), subject to the following:
- depending on your financial institution, the actual date on which each payment is processed may vary;
- for Payment Plans with monthly payments, if you select the 29th, 30th or 31st of the month as your Payment Processing Date, if any month covered by your Payment Plan does not have a 29th, 30th or 31st day (as applicable), the applicable payment will be processed on the 1st day of the immediately following month (e.g., on the 1st of March for a payment that is scheduled for the 29th of February);
- if any Payment Processing Date falls on a weekend or public holiday, the applicable payment will be processed on the immediately following business day (subject to the practices of your financial institution); and
- all payments will be processed in Australian Eastern Standard Time (AEST).
- Completion date – Any completion date for a Payment Plan specified by FitToPay is an estimate only and is based on the scheduled Payment Processing Date for the last instalment payment. However, as detailed above, the actual Payment Processing Date (and, therefore, the actual completion date of your Payment Plan) will depend on your financial institution, missed payments as well as any updates made to your Payment Plan in accordance with this clause 3.
- Setting up Payment Plan - When you set up a Payment Plan:
- In order to make a payment using FitToPay, you must link to our payment services provider, Split Payments. You must accept the applicable Split Payments terms and conditions when you finalise the Payment Plan.
- You authorise Split Payments to debit your nominated account through the Bulk Electronic Systems (BECS) in accordance with the Direct Debit Request (DDR) Service Agreement, and as per the Split Payments Direct Debit Agreement Terms & Conditions.
- You can only use direct debit as the payment method to create a Payment Plan under FitToPay. It is the responsibility of Split Payments to comply with relevant payment requirements and handle all payment processing complaints.
- You acknowledge that for the debit payments made from your specified Bank account, Milton Graham will appear as the merchant on your Bank account statement.
- Split Payments uses Instant Account Verification process enabled by illion Open Data Solutions which allows Split Payments to verify the bank account details provided by you. Instant Account Verification is subject to separate terms and allows illion Open Data Solutions to extract your Information available from your Bank(s) using your Bank credentials;(a) on each day a payment is due to be paid or (b) as otherwise authorised by you.
Consent and authorisation for using FitToPay
When you use FitToPay, you are also authorising illion Open Data Solution:
- to access and collect your transactions information and Personal information (Information) from your Bank(s), on your behalf, using your Bank credentials (and you appoint illion Open Data Solutions as your agents for that limited purpose); and
- In order to provide the service, illion Open Data Solutions may extract your Information available from your Bank(s) using your Bank credentials;(a) on each day a payment is due to be paid or (b) as otherwise authorised by you.
If you use FitToPay you:
- confirm that you have the relevant authority from any applicable joint account holders to use FitToPay and to appoint us as your agent in accordance with, and provide the authorisations set out in, clause 5.1;
- acknowledge that you are solely responsible for ensuring that your use of FitToPay (including appointing us as your agent in accordance with clause 5.1) complies with the terms and conditions of your chosen Bank;
- acknowledge that, if you provide us with incorrect Bank credentials, you may not be able to establish an account for access and use of FitToPay; and
- acknowledge that, if you change your Bank credentials, your Payment Plan may be cancelled and you will have to create a new Payment Plan.
- When you use FitToPay, you are also authorising illion Open Data Solution:
General Restrictions on use
You must not:
- interfere with or disrupt FitToPay or the servers and networks that host FitToPay;
- circumvent, disable or otherwise interfere with any security-related features of FitToPay;
- remove or tamper with any copyright notices on FitToPay;
- disassemble, decompile, reverse engineer, or create derivative works or functionally equivalent software from FitToPay;
- copy or download, in a systematic manner, any text, graphics, information, designs, data or other content from FitToPay, or communicate or otherwise distribute such systematically obtained text, graphics, information, designs, data or other content; or
- incorporate FitToPay in any product to be made available commercially (unless we expressly agree otherwise with you).
- You must not directly or indirectly introduce or permit the introduction of any virus, worm, trojan or other malicious code into FitToPay, or in any other manner whatsoever corrupt, degrade or disrupt FitToPay.
Intellectual Property rights
- We own or are the licensee of all intellectual property rights, including copyright, trademarks and any other information, design, text, graphics, materials, images, 'look and feel' and all software and source code including update and modifications (Intellectual Property Rights) connected with FitToPay
- We grant you a non-exclusive, revocable, non-transferable, limited licence to use the Intellectual Property Rights solely to access and use FitToPay. You may not use our trade marks in Australia or internationally without our prior written consent, except to legitimately identify our products or services.
Changes and modifications
Termination & Suspension
- We reserve the right to deny, suspend or cancel your access to FitToPay at any time, for any reason whatsoever (including any breach of these Terms), at our absolute discretion. Where it is possible for us to contact you directly, we will notify you of any suspension or termination and the reasons for it.
- change all or part of FitToPay (including the availability of any features or services) or suspend access to FitToPay at any time for any reason, without having to give you notice;
- impose limits on certain features or restrict your access to all or part of FitToPay, without having to give you notice;
- terminate or limit your access to and use of FitToPay without cause by giving you 14 days prior written notice,and
- amend the time periods during which transmissions using FitToPay can occur.
- FitToPay, and all content and/or services provided or made available through FitToPay, are made available to you on an 'as is' and 'as available' basis.
You acknowledge and agree that to the extent possible under the law, and subject to section 10, we make no representations, warranties or guarantees in relation to the availability, suitability continuity, reliability, accuracy, currency or security of FitToPay. We will not be liable if FitToPay (or any content submitted to, provided on or made available through it) is incomplete, corrupted, inaccurate, outdated or incorrect, or if FitToPay (or any services provided or made available through it) are unavailable for any reason, including directly or indirectly as a result of:
- network unavailability, interruption, delay, bottleneck, failure or fault;
- negligent, malicious or wilful acts or omissions of third parties (including our third-party service providers);
- maintenance or repairs carried out by us or any third-party service provider in respect of any of the systems used in connection with the provision of FitToPay;
- any events beyond our control; or
- services provided by third parties ceasing or becoming unavailable.
- Payment Services - Responsibility for processing the payments rests with Split Payments (and not with us).
You indemnify us and our Related Bodies Corporate (and employees, officers and agents) against all loss, actions, proceedings, cost and expenses (including legal fees), claims and damages (Damages) arising directly or indirectly out of or in connection with:
- any negligent, wilfully wrong, unlawful or fraudulent act, error or omission by you;
any claim by a Third Party against us relating to:
- your use of FitToPay (or use by any person who accesses FitToPay using your Access Credentials), or
- any information that you provide to us via FitToPay.
- Your liability to us will be reduced to the extent that any negligent, wilfully wrong or unlawful act or omission by us has contributed to the relevant damages.
- You indemnify us and our Related Bodies Corporate (and employees, officers and agents) against all loss, actions, proceedings, cost and expenses (including legal fees), claims and damages (Damages) arising directly or indirectly out of or in connection with:
Exclusion of liability
Subject to section 11 and to the extent permitted by law, we exclude liability for all direct, indirect or consequential liabilities, losses, damages, costs and expenses (including, without limitation, loss of revenue, loss of goodwill, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data or loss of anticipated savings or benefits), whether arising in contract, tort (including negligence) or otherwise, suffered or incurred by any person:
in connection with or in any way relating to FitToPay or any services provided or made available through FitToPay, including:
- in connection with any disruption to or unavailability or failure of FitToPay or interference with or damage to computer systems or other electronic devices,
- in connection with errors, omissions or inaccuracies contained in any information published on or made available via FitToPay, or
as a result of any act committed by another person in connection with your use of FitToPay or any services provided or made available through FitToPay,
- arising from any circumstance beyond our control, and
- in connection with or in any way relating to FitToPay or any services provided or made available through FitToPay, including:
- Neither party shall be liable for non-performance or delays caused by an external event beyond the reasonable control of a party, including, without limitation, acts of war, terrorism, cyber or data security attack, civil commotion, epidemic, natural disasters, blockades, embargoes, strikes and lockouts, any other acts of god or act of any government or governmental agency (Force Majeure Event). If the Force Majeure Event continues for a period of 60 days or more, the party not relying on the Force Majeure Event may terminate the affected agreement and consequences of cancellation will apply.
- Assignment - A party must not assign or novate this agreement, except with the prior written permission of the other party (not to be unreasonably withheld). However, we may assign our rights or novate this agreement to any of our group companies or in connection with a merger or consolidation involving us or the sale of substantially all of our assets.
- Delay - No delay or failure by either party to exercise a right under these terms prevents the exercise of that right or any other right on that or any other occasion.
- Severability - If any part of these terms is illegal or unenforceable, it will be severed from these terms and the remaining terms will continue in full force and effect.
- Interpretation - A word importing the singular includes the plural and vice versa, and references to “including” shall be construed as “including, without limitation
Bank means your relevant bank or financial institution, the details of which you provide to us when setting up your Payment Plan.
Information means Personal Information that illion Open Data Solutions extracts from your Bank(s) at any time using your Bank credentials.
Payment Plan means the payment instalment plan that you have entered into FitToPay.
Payment Processing Date has the meaning in clause 3.7.
Personal Information means personal information (as defined in the Privacy Laws) that you provide to us or our Related Bodies Corporate or authorise illion Open Data Solutions to collect at any time.
Related Body Corporate means the meaning given to that term in section 9 of the Corporations Act 2001.
Split Payments means Split Payments Pty Ltd Limited ABN 61 604 057 598.