I / We authorise LinksPay (NZ) Limited to collect recurring installments by initiating a transaction from my/our Credit or Debit Card as detailed below. I / We understand that this Authority will remain in forces as per the Payment Agreement Terms and Conditions accompanying this Authority.
I / we acknowledge that LINKSPAY LIMITED will appear as the business name on my credit card statement.
Payment Agreement Terms and Conditions
The “Facility Owner” means the organisation providing the service for which the Customer is paying.
The “Customer” means the person or party signing this Direct Debit Authority and Agreement.
“Payment Contract” means the contract in which the Customer has enter into to pay for the service provided by the Facility Owner to the Customer.
“LinksPay” is LinksPay (NZ) Limited, trading as LinksPay, C/o Leisure Management Solutions, 226 Meola Road, Point Chevalier, Auckland, New Zealand. Email firstname.lastname@example.org.
The Customer acknowledges that LinksPay has been contracted by the Facility Owner to collect the payments due under the Payment Contract in return for having an entitlement to use the services provided by the Facility Owner and the purpose of the Contracts Privacy Act 1982, you acknowledge
that all rights of the Facility Owner pursuant to this Agreement may be enforced by LinksPay under the Payment Contract, as if it were the Facility Owner, without requiring your consent or any involvement on the part of the Facility Owner.
Nothing contained in the Payment Contract shall render LinksPay, the agent of the Facility Owner, for any purpose other than the collection of payments due and payable under the Payment Contract. The Customer acknowledges that LinksPay shall not in any way be liable to you for the provision of Services provided by the Facility Owner.
The Customer agrees to pay the instalments at the agreed payment frequency as set out in the Payment Contract with the Facility Owner until all obligations under the Payment Contract and this Agreement have been met or this Contract is terminated in accordance with clause 4 or by the Facility
Owner. The Customer agrees that LinksPay shall administer the collection of payments due by the Customer to the Facility Owner. All payments due by you shall be made directly to LinksPay in the manner specified in the Agreement.
The Customers obligations under this agreement is to ensure sufficient funds remain available to cover the instalment amount specified in the Payment Contract and this Agreement for at least three (3) days after the nominated instalment date. The Customers obligations under this Agreement shall continue for the Term as specified within the Payment Contract. Any failure by The Customer to avail the Services Provided by the Facility Owner does not absolve the Customer from obligations under the Payment Contract or this Agreement.
3. LATE PAYMENT FEE
A late payment fee may be payable by the Customer to LinksPay for each reversal of a payment initiated by LinksPay in accordance with the terms and conditions of this Agreement. The Customer authorises LinksPay to direct debit any amount that falls due under this clause in order to bring The Customers account up to date.
The Customer may terminate this Agreement before the Payment Contract has run its full term if all instalments and fees due under the Payment Contract have been paid and the Customer has met their obligations of termination as described within the Payment Contract with the Facility Owner. This Agreement may not be terminated before the Payment Contract has run its full term if all fees have not been paid or approved by the Facility Owner.
If the Customer is in breach of any clause in this Agreement and remains in breach for a period of 5 business days following a notice to rectify issued by the Facility Owner, then the Facility Owner may elect to suspend entitlement to Services until such time as the breach is recertified to the
satisfaction of the Facility Owner, (without affecting the Customers obligation to continue the Payment of the Payment Contract and associated costs).
To the extent permitted by law, the Facility Owner and LinksPay shall not be held liable or responsible to the Customer for any direct, indirect or consequential injury , loss or damage to the Customer or the property of the Customer whatsoever and howsoever arising. Nothing in this clause is intended to have the effect of contracting out the Consumer Guarantees Act 1993 except to the extent permitted by that Act.
Your have the right under the Privacy Act 1993 to obtain access to and to request correction of any personal information concerning yourself held by the Facility Owner or LinksPay.
This Agreement is governed by the laws of New Zealand. The parties submit themselves to the non-exclusive jurisdiction of the Courts of New Zealand.
To the extent that any of the terms of this Agreement are prohibited, or unenforceable pursuant to or inconsistent with, any provisions at law those terms shall be excluded from this Agreement. The remainder of this Agreement and its application will not be affected and will remain enforceable.
No amendments to this Agreement or alteration to the payment terms or billing arrangements contained herein can be made without the prior written agreement of the Facility Owner and LinksPay .
A reference to a Statue includes a reference to a regulation made under that Statue and any amendment thereto;
A reference to a party includes that party's executors, administrators, personal representative, successors and assigns;
A reference to the singular includes the plural and vice versa;
Headings in this Agreement are for convenience and identification of clauses only and do not otherwise affect its interpretation.
I acknowledge that I have read and accept the Terms and Conditions of this Agreement.