If you have chosen to authorise FinClear to Direct Debit your account,
a. request and authorise FinClear (Debit User Identification number
629137) to arrange for any amount which you owe to FinClear
from time to time to be debited through the Bulk Electronic
Clearing System and paid to FinClear from the account you have
nominated in the Application Form;
b. authorise FinClear to debit in accordance with the Direct Debit
Agreement the account nominated by you in the Direct Debit
Request / Credit Authority Form with any amount FinClear may
debit or charge you; and
c. acknowledge having read and understood, and agree to be bound
by, the terms in the Direct Debit Agreement below.
In this Direct Debit Agreement:
Account means the account identified as the direct debit account in the Direct Debit / Credit Authority Form, but only if that account is held with a Financial Institution.
Banking day means a day other than a Saturday or a Sunday or a public
holiday listed throughout Australia, or where there is a public holiday
simultaneously in Victoria and New South Wales.
Debit Day means the day that payment is due from you to FinClear.
Debit Payment means a particular transaction where a debit is made.
Direct Debit means the direct debit request which you make to FinClear
by completing the Direct Debit / Credit Authority Form and signing the
Financial Institution means a financial institution with whom FinClear
has a direct debit facility arrangement. Please contact your financial
adviser to check whether FinClear has a direct debit facility arrangement
with Your Financial Institution. Your Financial Institution means the
Financial Institution at which the Account is kept.
2. DEBITING THE CLIENT’S ACCOUNT
2.1 By completing the Direct Debit / Credit Authority Form and signing in the manner prescribed, you authorise FinClear to arrange for funds to be debited from the Account and you warrant and represent that you are duly authorised to request the debiting of payments from the nominated bank account.
2.2 FinClear will only arrange for funds to be debited from the Account as authorised in the direct debit request.
2.3 If the Debit Day falls on a day that is not a Banking day, FinClear
may direct Your Financial Institution to debit the account on the following
Banking day. If you are unsure about the day on which the Account has or
will be debited, you should ask Your Financial Institution.
3. YOUR OBLIGATIONS
3.1 It is your responsibility to ensure that there are sufficient clear
funds available in the Account to allow a Debit Payment to be made in
accordance with the Direct Debit Request.
3.2 If there are insufficient funds in the Account to meet a Debit
a. you may be charged a fee and/or interest by Your Financial
b. you may also incur fees or charges imposed or incurred by
c. you must arrange for the Debit Payment to be made by another
method or arrange for sufficient clear funds to be in the Account by
an agreed time so that FinClear can process the Debit Payment.
3.3 You should check the Account statement to verify that the amounts
debited from the Account are correct.
3.4 If FinClear is liable to pay goods and services tax (GST) on a supply
made in connection with this agreement, then you agree to pay FinClear
on demand an additional amount equal to the consideration payable for
the supply multiplied by the prevailing GST rate.
4.1 You may request deferment of, or alteration to, suspension of these
direct debit arrangements or stop any debit item by providing signed
written instructions to FinClear (the Debit User) via your financial adviser.
4.2 You may also cancel your authority for FinClear to debit the Account
by providing notice to your financial adviser.
4.3 FinClear may make changes or terminate these arrangements at any
time by giving 14 days notice in writing to you.
5.1 If you believe that there has been an error in debiting the Account
or for any other reason, you should notify FinClear directly on (02) 8039
6000 and confirm that notice in writing as soon as possible by emailing
email@example.com or posting to P.O. Box 1253, North Sydney,
5.2 If FinClear concludes as a result of our investigations that the Account
has been incorrectly debited FinClear will arrange for Your Financial
Institution to adjust the Account accordingly. FinClear will also notify you
in writing of the amount by which the Account has been adjusted.
5.3 If FinClear concludes as a result of our investigations that the Account
has not been incorrectly debited FinClear will provide you with reasons
and any evidence for this finding.
5.4 Any queries about an error made in debiting the Account should
be directed to FinClear [in the first instance (and not to Your Financial
Institution) so that FinClear can attempt to resolve the matter with you.
If the matter cannot be resolved in this manner FinClear may refer it
to Your Financial Institution which will obtain details from you of the
6.1 FinClear may send notices electronically to your email address
or by ordinary post to your nominated postal address. If sent by mail,
communications are taken to be received on the day they would be
received in the ordinary course of post.
FinClear recommends that you:
a. confirm with Your Financial Institution whether direct debiting
through the Bulk Electronic Clearing System (BECS) is available
from the Account as direct debiting may not be available on all
accounts offered by Your Financial Institution; and
b. check that the Account details provided to FinClear are correct by
checking them against a recent Account statement. If unsure, you
should check with your Financial Institution before completing the
Direct Debit Request.
8.1 FinClear will keep any information (including Account details) in your
Direct Debit confidential.
8.2 FinClear will only disclose information that it has about you:
a. to the extent specifically required by law; or
b. for the purposes of this Direct Debit Agreement (including
disclosing information in connection with any query or claim); or
c. as permitted by the Terms.
9. GOVERNING LAW
These terms are governed by the laws in force in New South Wales.