24/7 BILLING CO. TERMS AND CONDITIONS OF USE
1. About the 24/7 Billing Co. Application
a) Welcome to 24/7 Billing Co. (‘Application‘). The Application provides verification that goods & services were provided and processes credit card payments for those goods & services provided (‘Services‘).
b) The Application is operated, and Services are provided, by 24/7 Billing Co. Pty Ltd (‘24/7’) (ABN 53 649 657 750). Please read these terms and conditions (‘Terms‘) carefully. By using, browsing and/or reading the Application, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Application, or any of its Services, immediately.
c) 24/7 reserves the right to review and change any of the Terms by updating this page at its sole discretion. When 24/7 updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by using or browsing the Application. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by 24/7 in the user interface. You may be required to accept terms and conditions of our third parties from time to time.
3. Using the Services
a) In order to access the Services, you must first sign up through the Application.
b) In using the Application, you acknowledge and agree that it is your responsibility to ensure that it is suitable for your use.
c) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(i) Email address
(ii) Preferred username
(iii) Mailing address
(iv) Telephone number
(vi) Identification documentation including Government issued documentation
(d) You warrant that any information you give to 24/7 will always be accurate, correct and up to date.
(e) Once you have completed the registration process, you will be a registered user of the Application (‘User‘). As a User you will be granted immediate access to the Services from the time you have completed the registration process until your User account is terminated.
(f) You may not use the Services and may not accept the Terms if:
(g) you are not of legal age to form a binding contract with 24/7; or
(h) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
4. Your obligations as a User
As a User, you agree to comply with the following:
(a) you will use the Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify 24/7 of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(d) access and use of the Application is limited, non-transferable and allows for the sole use of the Application by you for the purposes of 24/7 providing the Services;
(e) you will not use the Services or the Application in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of 24/7;
(f) you will not use the Services or Application for collecting email addresses by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Application;
(g) you are required to obey all laws, rules, and regulations applicable to your use of the Services. You represent and warrant that you will not use the Services for any illegal, deceptive or fraudulent activity, including for any prohibited businesses.
(h) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Application without notice and may result in termination of the Services. Appropriate legal action will be taken by 24/7 for any illegal or unauthorised use of the Application; and
(i) you acknowledge and agree that any automated use of the Application or its Services is prohibited.
5. Payment for your use of our services
(a) Fees for use of the Services are set out here (‘Fees’).
(b) You agree and acknowledge that 24/7 can vary Fees charged to you at any time and that the varied Fee will come into effect immediately. If you continue to use the Services, then you are deemed to have accepted the change in Fees contemplated by such notice.
(c) Where the option is given to you, you may make payment for your use of the Services by way of:
(i) Credit Card Payment; or
(ii) Deduction from monies owed to you.
(d) All payments made in the course of your use of the Services are made using Stripe (‘Processor’). In using the Application, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Processor terms and conditions that may apply to you (‘Processor Terms‘). The Processor Terms are incorporated into this Agreement. By ordering or registering for the Services, you represent and warrant that you have read the Processor Terms and agree to be bound by them.
(e) You acknowledge and agree that where a request for the payment of the any money owed to you is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated.
(f) 24/7 reserves the right to change the Processor at any time. If there is any inconsistency between this Agreement and the Processor Terms, this Agreement shall prevail.
(g) You must pay all applicable taxes, fees and other charges imposed by any governmental authority, including, without limitation, any value added tax, goods and services tax, sales tax and/or State taxes, on the Services. If you are tax-exempt, you will provide us with an appropriate certificate or other evidence of tax exemption that is satisfactory to us.
(h) You are also responsible for any penalties and fines imposed on you or on us by any bank, money services business, payment network, card scheme, financial institution, or other financial intermediary resulting from your use of the Services in a manner not permitted by this Agreement or by such financial intermediary’s rules and regulations.
6. Reserve Accounts
(a) 24/7 may require that sums of money be set aside and held in a reserve account to cover chargebacks, refunds or other payment obligations arising under this Agreement (‘Reserve Account’). 24/7, will set the terms of your Reserve Account and notify you of such terms, which may require that a certain amount (including the full amount) of the funds received for a transaction processed through the Services are held for a period of time, or that additional amounts are held in the Reserve Account.
(b) We may require you to fund the Reserve Account by any means on notice from us.
(c) You acknowledge and agree that:
(i) you are not entitled to any interest or other compensation associated with funds held in the Reserve Account;
(ii) you have no right to direct that account;
(iii) you have no legal interest in those funds or that account; and
(iv) you may not assign any interest in those funds or that account.
7. Payment Matters
(a) You are solely responsible for all reversed or charged back transactions, including any processing fees levied by the relevant card scheme, with your customers and end users regardless of the reason. You can do this by contacting the applicable customer and/or submitting evidence to validate a transaction directly with the customer’s card provider.
(b) If you do not promptly address a chargeback, you grant 24/7 the ongoing right and authorisation to collect and submit, in its sole discretion, relevant information and evidence from your 24/7 account to the applicable card company in order to address any disputed charge.
(c) For any 24/7 account which has a negative balance, that negative balance constitutes a debt owed to 24/7. Accordingly, the following terms apply:
(i) any payments received to that account (e.g. from future customer transactions) will be applied to automatically reduce the balance.
(ii) the functionality which enables the processing of refunds through the affected account may be disabled at any time by 24/7 without prior notice.
(iii) If you do not repay the amount owed, 24/7 may terminate your account and/or take other appropriate actions permitted by law.
(d) As between you and your customers and end users, all payment disputes arising in connection with your use of the Services are between you and such customers and end users only. 24/7 shall not be liable or responsible in any way for any payment dispute between you and any third party that uses the Services. You indemnify, defend and hold 24/7 harmless for any costs, damages, claims, losses, fines, penalties, expenses, liabilities incurred by 24/7 in connection with any payment dispute arising between you and any customer or end user or other third party.
8. Copyright and Intellectual Property
(a) The Application, the Services and all the related products of 24/7 are subject to copyright. The material on the Application is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Application (including but not limited to text, graphics, logos, button icons, video images, audio clips, Application, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by 24/7 or its contributors.
(b) All trademarks, service marks and trade names are owned, registered and/or licensed by 24/7, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a User to:
(i) use the Application pursuant to the Terms;
(ii) copy and store the Application and the material contained in the Application in your device’s cache memory; and
(iii) print pages from the Application for your own personal and non-commercial use.
(c) 24/7 does not grant you any other rights whatsoever in relation to the Application or the Services. All other rights are expressly reserved by 24/7.
(d) 24/7 retains all rights, title and interest in and to the Application and all related Services. Nothing you do on or in relation to the Application will transfer any of the following to you:
(i) business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or
(ii) a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
(iii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).
(e) You may not, without the prior written permission of 24/7 and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third-party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Application, which are freely available for re-use or are in the public domain.
(b) You authorise 24/7 to collect certain payment information and data (including account and transaction data, and certain personal information about your customers and end users), and to store, use and process such data for the purposes of providing the Services.
10. General Disclaimer
(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(b) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(ii) 24/7 will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable consumer guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(c) In certain circumstances, the Processor may withhold or delay processing transfers and transactions and 24/7 shall not be responsible in any way for any such action taken by the Processor. In addition, you specifically acknowledge that 24/7 cannot ensure that your customers will complete a transaction or are authorised to do so.
(d) Use of the Application and the Services is at your own risk. Everything on the Application and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of 24/7 make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of 24/7) referred to on the Application. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
(ii) the accuracy, suitability or currency of any information on the Application, the Services, or any of its Services related products (including third party material and advertisements on the Application);
(iii) costs incurred as a result of you using the Application, the Services; and
(iv) the Services or operation in respect to links which are provided for your convenience.
(e) In addition, to the limitations of liability set out in the Terms, we are not responsible for, and expressly disclaim all damages, whether direct and indirect, incidental, consequential, special or other damages in connection with:
(i) any technical issues, errors, unavailability or failures, losses, damages, loss of data, lost profits or other losses or claims originating from or arising in connection with the Processor’s platform;
(ii) any unauthorised access, hacking, tampering with or to your account or the services provided by the Processor by third parties; or
(iii) any software, bugs, viruses, Trojan horses, or other harmful and malicious code related to the Processor’s platform.
If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of 24/7. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, 24/7 will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
12. Limitation of liability
(a) 24/7’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
(b) You expressly understand and agree that 24/7, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
13. Termination of Contract
(a) The Terms will continue to apply until terminated by either you or by 24/7 as set out below.
(b) If you want to terminate the Terms, you may do so by:
(i) providing 24/7 with 7 days’ notice of your intention to terminate; and
(ii) closing your accounts for all of the services which you use, where 24/7 has made this option available to you.
Your notice should be sent, in writing, to 24/7 via the ‘Contact Us’ link.
(c) 24/7 may at any time, terminate the Terms with you if:
(i) the Processor refuses to deal, or prohibits us from dealing, with you;
(ii) you have breached any provision of the Terms or intend to breach any provision of those;
(iii) 24/7 is required to do so by law;
(iv) the provision of the Services to you by 24/7 is, in the opinion of 24/7, no longer commercially viable;
(v) we determine that you may be ineligible for the Services because of the risk associated with your use of the Services account, including, without limitation, significant credit or fraud risk, or for any other reason; or
(vi) upon request of any card scheme, the Processor, or a card issuer.
(d) Subject to local applicable laws, 24/7 reserves the right to discontinue or cancel your use of the Application or services at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Application or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts 24/7’s name or reputation or violates the rights of those of another party.
14. Effects of Termination
(a) Upon termination you agree:
(i) to complete all pending transactions, immediately remove all logos licensed to you, and stop accepting new transactions through the Services
(ii) to immediately cease your use of the Services;
(iii) that the license granted under this Agreement shall end;
(iv) that we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers;
(v) that we will not be liable to you for compensation, reimbursement, or damages in connection with your use of the Services, or any termination or suspension of the Services, or deletion of your information or account data; and
(vi) that you will still be liable to us for any fees or fines, or other financial obligation incurred by you or through your use of the Services prior to termination.
(b) You will not be refunded the remainder of any Fees that you have paid if your access to or use of the Services is terminated or suspended.
(a) You agree to indemnify 24/7, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your content and use of the Services;
(ii) any direct or indirect consequences of you accessing, using or transacting on the Application or attempts to do so; and/or
(iii) any breach of the Terms.
(b) You represent and warrant that you are providing true, accurate, and complete information to 24/7, and indemnify 24/7 for any losses, costs, fines, penalties, expenses incurred by 24/7 or any third party arising as a result of your failure to provide accurate, timely and complete information.
16. Venue and Jurisdiction
In the event of any dispute arising out of or in relation to the Application, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
17. Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties and their successors and assigns.
18. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.