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- Splitit Infringement, General Website, and Software Licensing Agreements
Last Update: May 2019
- 1. Buyer, whose name appears below (“Buyer”, “You”, or “Your), promises to pay the full amount of the agreed purchase price (“Purchase Price”) in a single deferred payment or in the number of equal instalment payments set out in the Recurring Instalment Payment Authorisation (“Authorisation”) to Seller (“Seller”, “We” or “Us”). Payment is to be made by the Seller charging the Purchase Price to the Buyer’s credit or debit card in a single deferred payment (“Deferred Payment”), or (where applicable) in the equal monthly instalment payments as set out in the Authorisation (each an “Instalment Payment”) for each month until the Purchase Price is paid in full. Where the Seller has agreed that the payment date for the Deferred Payment or the first Instalment Payment is to be deferred, the payment or first payment will be charged to the Buyer’s credit or debit card after the number of days or other period agreed at the time of the purchase and set out in the Authorisation.
2. Authorisations to secure Instalment Payments and Deferred Payments
Instalment Payments. If Buyer is paying the Purchase Price by Instalment Payments, then Buyer authorises Seller to obtain and hold authorisations against Buyer’s credit or debit card (as provided to Seller) for the outstanding balance of the Purchase Price from time to time, as adjusted at the time of each Instalment Payment, until the Purchase Price has been paid in full to Seller. If an Instalment Payment is not paid or received by Seller then (as provided for in clause 7 below) Seller may elect to charge the Buyer’s credit or debit card (as applicable) with the remaining outstanding balance of the Purchase Price.
• Deferred Payments. If Buyer is paying the Purchase Price by a Deferred Payment, then Buyer authorises Seller to obtain and hold one or more successive authorisations against Buyer’s credit or debit card (as provided to Seller) for the outstanding balance of the Purchase Price and for the deferred payment period set out in the Authorisation. If a Deferred Payment has not been paid to Seller at the expiry of agreed deferral period then Buyer’s credit or debit card (as applicable) will be charged the outstanding balance of the Purchase Price.
3. Buyer understands that each authorisation will remain in effect until it is cancelled or replaced by a new and/or adjusted authorisation. Buyer acknowledges that Seller obtaining the authorisations provided for in these Buyer Terms may adversely impact Buyer’s available credit on Buyer’s credit or debit card. Buyer agrees that the Seller shall not be liable for any resulting adverse consequences to Buyer.
4. Buyer agrees to notify Seller in writing via Buyer’s user account at support@Splitit.com of any changes to Buyer’s credit or debit card account information or of the termination of any authorisation. Seller will update such information and process such notification within 30 days after Seller’s receipt of such notification. Buyer understands that an Instalment Payment or Deferred Payment may be authorised and charged on the next business day after the day that the amount was payable.
5. Buyer understands and acknowledges that where any Instalment Payment or Deferred Payment has been charged to Your credit card, in or towards payment of the Purchase Price, Your credit card provider will separately charge You interest on the outstanding balance under Your credit card account, where the whole of that outstanding balance of Your credit card account has not been repaid within the interest free period (where applicable) allowed for by Your credit card provider. Where interest is or becomes payable on Your outstanding balance of Your credit card account, Your credit card provider will charge You interest at the Annual Percentage Rate stated in Your credit card contract, and You will continue to be charged such interest until the outstanding balance is repaid in full. You will need to take this into account when deciding to pay Instalment Payments, or any Deferred Payment amount, with Your credit Card.
6. In the case of a payment request being rejected for any reason by the Buyer’s card issuer, Buyer understands that Seller may, in its discretion, attempt to process the charge again within Seven (7) days.
7. In the event that Buyer’s card issuer fails to pay an Instalment Payment for any reason, and fails to do so for at least 2 Business days after a payment request initiated by Seller, Seller (at its discretion) may charge Buyer’s credit or debit card (as identified in the Authorisation) at any time for the outstanding balance of the Purchase Price.
8. In consideration for the payment processing services provided by Splitit Payments Ltd (“Splitit”) to Seller, Buyer agrees that Splitit will have the right to communicate with Buyer via e-mail (or other means). This provision is operational for not less than five (5) years from the date of the initial authorisation.
9. Buyer acknowledges and understands that Splitit may use fraud detection technologies or other similar preventative tools of third parties in connection with transaction authorisations. In the event that Splitit, or any third party on behalf of Splitit, identifies or reasonably suspects any illegal or fraudulent activity, or other credit risk, associated with a transaction or proposed transaction related to a Buyer, then such transaction may not be processed, may be limited, or may be declined by Splitit or the Buyer, or by both of them.
10. Buyer understands that Splitit is not a party to this Agreement, which is solely between Buyer and Seller.
11. Buyer understands and agrees that Splitit is not responsible for the delivery and quality of goods purchased in the transaction for which the Purchase Price is payable.
12. Buyer certifies that Buyer is an authorised user of the credit or debit card detailed in the Authorisation and to be used for the Instalment Payments or Deferred Payment.
13. Buyer agrees that if delivery of the goods or services is not made at the time of execution of this Agreement, the description of the goods or services and the due date of the first Instalment may be inserted by Seller in Seller’s counterpart of the contract after it has been signed by Buyer.
14. If any provision of this contract is determined to be invalid, it shall not affect the remaining provisions hereof.
16. Third party rights. Nothing in this Agreement confers or is intended to confer a benefit enforceable by a person who is not a party to it.
17. Governing Law. This Agreement (and any non-contractual obligations arising out of or in connection with the same) shall be governed by and interpreted in accordance with the laws of Australia and the courts of Australia shall have jurisdiction to settle any dispute or claims which may arise in connection with this Agreement (including in relation to any non-contractual obligations).