Default Payment Policy
Application for this Policy
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This default payment policy (“this Policy”) applies to each entity who has obtained a product or service from Elevare Pay Easy Pty Ltd ACN 634 728 591 (“Elepay”) or its affiliates and related companies. This includes our customers, our Partners and any third party who has entered into any other arrangement with Elepay to which we reference this Policy (“Client”).
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If there is any inconsistency between this Policy, an agreement entered into between a Client and Elepay and the Client’s online Elepay dashboard, then the terms of these instruments will take priority in the following order (to the extent of such inconsistency):
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the agreement between Elepay and the Client;
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this Default Payment Policy; and
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the Client’s online Elepay dashboard.
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We may amend this Policy from time to time, as published on our website.
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The default payment terms applicable to a customer will be the terms in effect at the time the customer enters into an Agreement with Elepay. For all other Clients, the terms applicable will be the terms published at the time Elepay seeks to enforce this Policy.
Payment Terms
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The payment terms applicable to each Client will be governed by the agreement (or arrangement) entered into between Elepay and that Client.
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You must pay all moneys owing by you to us prior to the relevant due date or dates (as specified in your agreement with Elepay), in full and without any set-off or counterclaim.
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We may charge, withdraw or deduct our fees or other amounts payable by you from your nominated payment source on or following the due date for payment.
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It is your responsibility to ensure that the details of your nominated payment source are correct, accurate and up-to-date and that there are sufficient funds in your nominated payment source to make any required payments by the relevant due dates. If you would like to amend or update your payment source, please notify our team via the contact details below.
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You authorise and consent to Elepay collecting and reversing any payment amounts from or to your nominated payment source, at the discretion of Elepay and in accordance with your payment schedule and terms of your Agreement with Elepay.
Default Fee – Single Payment Plan
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This Clause 3 applies to Clients who are on a Single Payment Plan with Elepay.
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If you fail to pay Elepay any amount owing by the relevant due date or in accordance with the terms of your agreement with Elepay (Default), then Elepay may charge you the following fees:
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a Default Fee, which will be calculated and applied as follows:
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the Default Fee will be equal to 0.25% of the total amount outstanding under your Elepay Plan (including the loan amount and all fees and interest);
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the Default Fee will be charged and payable every 30 days which your Elepay Plan remains outstanding with the first Default Fee charged on the 31st day which you are in default;
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by way of example, the Default Fee is applied if you are 31 days in default. A further Default Fee is applied if you are 61 days in default;
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if you repay your Elepay Plan (in full) prior to the expiry of the subsequent 30-day period, then a further Default Fee will not be applied; and
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Default Interest equal to 0.0695% of the total amount outstanding (compounded daily) calculated from the date of default until the date your Elepay plan is repaid in full; and
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If Elepay is unable to process a scheduled payment using a payment method nominated by you, then Elepay has the discretion to charge you a Missed Payment Fee in accordance with the following schedule:
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NOMINATED PAYMENT METHOD
TIMING
MISSED PAYMENT FEE (per attempt)
Credit Card
Direct Debit
Scheduled repayment date
Scheduled repayment date
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Elepay may attempt to process the scheduled payment using your nominated payment method on more than one occasion, unless you have notified us that payment has been made or that you elect to change your nominated payment source. You will be liable for the Missed Payment Fee per unsuccessful payment attempt. Please contact our team as soon as possible on 1300 019 417 if you believe the nominated payment method provided is incorrect or no longer valid.
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For the purpose of this clause, “Single Payment Plan” means any of Elepay’s funding product or arrangement which requires the Client to make a single instalment to repay the total amount owing by that Client.
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The Default Fee and Default Interest will apply for each Plan that the Client has outstanding with Elepay.
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Elepay may charge additional fees and interests which varies from that specified in this Policy subject to the Client’s prior consent.
Missed Payment Fee – Recurring Payment Plan
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This Clause 4 applies to Clients who are on a Recurring Payment Plan with Elepay.
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A “Recurring Payment Plan” means any of Elepay’s funding product or arrangement which requires the Client to make multiple instalments in order to repay the total amount owing by that Client.
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The Client will be required to provide Elepay with a nominated payment source (including a credit card or bank account) to allow Elepay to set up automatic direct debit for the Client’s scheduled repayments.
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If a scheduled repayment was unsuccessful, Elepay may (following 48 hours of the first attempt) automatically attempt to process the payment from the nominated payment source (Second Attempt).
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If the Second Attempt was unsuccessful, Elepay may (following 48 hours of the Second Attempt) automatically attempt to redraw from the nominated payment source for the third and final time (Third Attempt).
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Please ensure you have sufficient funds in your nominated bank account to avoid missing a scheduled payment. Alternatively, please contact our team as soon as possible on 1300 019 417 if you believe the nominated payment method provided is incorrect or no longer valid.
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If payment is unable to be processed on the relevant due date (or scheduled repayment date/s) (Default), then Elepay has the discretion to charge you a Missed Payment Fee in accordance with the following schedule:
TIMING
MISSED PAYMENT FEE
(direct debit)
MISSED PAYMENT FEE
(direct debit)
PAYMENT ATTEMPTS
First Attempt
Second Attempt
Third Attempt
Scheduled repayment date
Following 48 hours
Following 48 hours
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The Missed Payment Fee will be immediately applied the day following the date of Default and will apply for each failed payment attempt.
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In addition to the Missed Payment Fee, Elepay has the discretion to charge you the Default Fee and Default Interest (pursuant to clause 3.2 of this Policy) for each instalment which was payable and not paid by the relevant due date.
Other Fees – All Plans
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You are liable for all reasonable Enforcement Expenses or administration costs incurred (or which will be incurred) by us (or our Partners or agents) relating to your Default. This includes, but is not limited to, search fees, disbursement costs, registration fees, legal costs on an indemnity basis, agent fees, filing costs, expenses payable to our collection agency and other costs related and incidental to the recovery of the amount owing by you to Elepay.
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You are liable for any surcharge, processing fee or dishonour fee charged by our third-party suppliers relating to your Default. We may be unable to provide you with a tax invoice for any fees charged by our third-party suppliers as these fees are not administered by Elepay.
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Elepay may, at its sole discretion, suspend, waive or delay the application of any fees mentioned in this Policy, whether in full or partially. Please refer to our Financial Hardship Policy for further details.
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You acknowledge that any third-party suppliers providing a product or service to you may charge other fees which are unrelated to the fees payable to Elepay. Should you have any concerns, we recommend that you contact these suppliers directly.
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If a fee has been applied in error, Elepay will promptly waive or refund such fees as reasonably determined by us. We may request you to provide us with information or documentation to allow us to verify and remedy the error.
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You are liable for any fees and charges imposed by the supplier of your nominated payment source.
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You agree to indemnify us for and against any loss or claim which we suffer or incur, arising from or relating to a Default by you under your agreement with Elepay.
Recovery Action
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If you are in default under your agreement with Elepay, we may, at our discretion, initiate our collection and recovery action against you. This may include the following:
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immediately charge any Default Fee, Default Interest and other applicable charges to the balance owing by you to Elepay;
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report your defaulting credit with our credit reporting agency or agencies (provided you are in default for over 60 days and we have complied with our notice requirements);
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refer your Default to our credit team or external credit collection agency to recover the amounts owing by you;
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refer your Default to our internal or external legal department;
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enforce any other right pursuant to any agreement entered into, or securities provided by, you including but not limited to registration of a caveat over property owned by you;
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undertake any permitted and necessary contact for the purposes of communicating with you or serving the appropriate notices.
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If you are experiencing (or expect to experience) any difficulties meeting the required repayments or any other obligations, please refer to our Financial Hardship Policy which sets out your rights, options and how we can support you.