Future changes to this Agreement

All future changes set out in the Customer Updates section of our Website at the time you sign- up for our Services are incorporated into this Agreement. The revised Agreement will take effect as soon as it is posted on our website or on the date notified to you.

You accept this agreement

By visiting our Website and/or using our Services (including downloading and using our website, or via the API, a social media platform, or other authorised third party), you confirm that you accept and agree to this Agreement (including the Customer Updates and the additional documents referred to above). If you do not agree, please do not use our Services.

Where to get a copy of this Agreement.

You can always see the most current version of this Agreement on our Website.

Instant Pay API

From time to time updates to the API may be made. Depending on the update, you may not be able to use our Services until you have accepted any new terms.

Your right to use the API

In consideration of you agreeing to abide by the terms of this Agreement, we grant you a non- transferable, nonexclusive licence to use the API subject to this Agreement. We reserve all other rights.

Who are we?

Instant Pay Pty Ltd is a wholly owned Australian company registered with ASIC

How to contact us

You can contact us by email, web chat or telephone. Our contact details are provided on the “Contact” page of our Website.

Business use of our service

You must be 18 years or over. All business users must complete our KYC process and be verified by our internal audit process. Once you have been verified, you will be eligible to access our services. Username and passwords generated by you and managed by you are your responsibility. 2FA is mandatory on all business access.

Bank Compatibility

This is determined by your banking rails provider. Instant Pay anticipates using existing NPP frameworks to ensure payments are transacted and remitted as quickly as possible. We do not guarantee that any participating bank will transact instantly with the Instant Pay platform. Each NPP participating bank will have its own policy for NPP payments. Currently NPP payments settlement and completion of cleared funds times will vary. Instant Pay does have redundancy measures in place to cater to any varied timing of bank related NPP payments.

Business Console

Each business customer of Instant Pay will receive access to our business console. This is a web accessible console that will show all transactional information. Access to the business console requires you to enable 2FA to ensure the security of your data. For security purposes, we disable the ability to edit your business profile, contact details and banking details from your console. If you require changes made to your business profile please contact us directly. You will be required to meet our identification requirements to make any changes to an existing business profile.

Responsibility of receiving and sending monies

You, the merchant are responsible for all received money. It is your responsibility to meet all regulation in the regions you are operating your business. Instant Pay accepts no liability for any received money through your banking portal.

You, the merchant are responsible for all sent money. It is your responsibility to meet all regulation in the regions you are operating your business. Instant Pay accepts no liability for any sent money through your banking portal.

Notifications via API

Instant Pay API does provide the ability to communicate to your customers via email, sms or other forms of digital communication driven via our API. We do not include any cost of deployment of these forms of communication. You (the merchant) are responsible for any costs incurred in the communication flow to your customers. Generally, this will be tied to your hosting service and requires minimal management.

Uptime of servers

While we build your infrastructure to best handle any unanticipated downtime, we do not guarantee the uptime of any servers that the Instant Pay console operates in. We recommend but do not enforce enabling the following hosting environment standards

1. SSL. A minimum requirement.
2. CSP. We include this as part of our code.
3. MultiAZ. Fallback contingency to another server location.
4. RDS. CPU driven standalone databases, to ensure data is kept away from any front end code.
5. Replication. Database replication in case of attack.

Our recommended servers have built in DDOS attack mitigation, however we do not guarantee its effectiveness.

Hours of operation

Instant Pay transactional api is available 24/7. Support for api is available during office hours, Monday to Friday. Technical support, specific to keeping our api operational operates 24/7. If you notice any operational issues that may affect api coverage, you can submit this information through info@instantpay.net.au

Software Clock

Instant Pay Pty Ltd and its payment and remittance platforms operate on AEST (Australian Eastern Standard Time). Consumers and business clients operating outside of these hours may receive notifications and messaging services outside of their normal settings.

Consumers and business clients operating outside of these hours may receive notifications and messaging services outside of their normal settings.

Recovery of unpaid fees

Instant Pay reserves the right to terminate your account if we have been unable to retrieve any outstanding access fees. We will make contact with you to attempt collection of these fees. Failure of this communication resulting in the collection of these fees we will close your account.

Transactional records

You are responsible for maintaining any/all transactional records in respect to your business. Instant Pay accepts no responsibility for maintaining, submitting reports or liability for any transaction or any records kept within your Instant Pay console.

Intellectual property rights

While you are using our Services, you may use the Instant Pay Materials only for your use and solely as necessary in relation to those Services. Instant Pay Materials include any software (including without limitation the website, the API, developer tools, sample source code, and code libraries), data, materials, content and printed and electronic documentation (including any specifications and integration guides) developed and provided by us or our affiliates to you, or available for download from our Website. You may not, and may not attempt to, directly or indirectly: (a) transfer, sublicense, loan, sell, assign, lease, rent, distribute or grant rights in the Service or the Instant Pay Materials to any person or entity; (b) remove, obscure, or alter any notice of any of our trade marks, or other “intellectual property” appearing on or contained within the Services or on any Instant Pay Materials; (c) modify, copy, tamper with or otherwise create derivative works of any software included in the Instant Pay Materials; or (d) reverse engineer, disassemble, or decompile the Instant Pay Materials or the Services or apply any other process or procedure to derive the source code of any software included in the Instant Pay Materials or as part of the Services.

Our responsibility for loss or damage by you

If we do not reasonably meet our commitments to you, we are responsible for loss or damage you suffer that is a foreseeable result of our failing to use reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the agreement to purchase was made, both we and you knew it might happen. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation. We are not liable for business losses. If you use our Services for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We are not liable for technological attacks. We will not be liable for any loss or damage caused by a virus, or other technological attacks or harmful material that may infect your computer equipment, computer programmes, data or other proprietary material related to your use of our Services. We have no control over websites linked to and from our platform. We assume no responsibility for their content or any loss or damage that may arise from your use of them.

Accessing our services

We will try to make sure our Services are available to you when you need them. However, we do not guarantee that our Services will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our Service without notice. We will not be liable to you if for any reason our Services are unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our Services. If you have granted permission to a third party to access your account, we may refuse access to that third party if we are concerned about unauthorised or fraudulent access by that third party. We will give you notice if we do this, either before or immediately after we refuse access, unless notifying you would be unlawful or compromise our reasonable security measures.

Information security

You are responsible for configuring your information technology, computer programmes and platform in order to access our Services. You should use your own virus protection software. We cannot guarantee that our Services will be free from bugs or viruses. You must not misuse our Services. You must not misuse our Services by introducing viruses, trojans, worms, logic bombs or other materials which are malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, our servers, computers or databases. You must not attack our Website with any type of denial of service attack. By breaching this provision, you may be committing a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website and/or our Services will cease immediately.

Linking to our site

You may link to our Website provided you follow certain rules. You may link to our Website, provided:

1. you do so in a way that is fair and legal and does not damage our reputation or take advantage of it;
2. you do not suggest any form of association, approval or endorsement on our part where none exists;
3. you do not frame our Website on any other site; and We reserve the right to withdraw linking permission without notice.

Our right to make changes

We reserve the right to change this agreement. In some instances, we may change this Agreement immediately. Changes to this Agreement which are:

1. more favourable to you;
2. required by law; or
3. related to the addition of a new service, extra functionality to the existing Service; or
4. changes which neither reduce your rights nor increase your responsibilities, will come into effect immediately if they are stated in the change notice.

Your Privacy

Any information obtained during our KYC process and ongoing business relationship is kept completely confidential.

Cookies

We reserve the right to use cookie data to better our website and console experience.

Social media and privacy

We reserve the right to use publicly accessible information through any social media or networks to better our system.

How we may contact you

We usually contact you via email or phone. We cannot be liable for any consequence or loss if you don’t follow instruction or read any notification we send to you. If we have reasonable concerns either about the security of your Instant Pay transaction, or any suspected or actual fraudulent use of your Instant Pay Account, we will contact you via telephone.

Complaints

If you have any complaints about us or our Services, you may contact us following our customer complaint procedure. Please email info@instantpay.net.au to begin this process.

Other important terms

If a court finds part of these terms and conditions illegal, the rest will continue in force. Each of the paragraphs of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. Even if we delay in enforcing this Agreement, we can still enforce it later. If we delay in asking you to do certain things or in taking action, it will not prevent us taking steps against you at a later date.

These terms and conditions supersedes any other previous agreements. This Agreement supersedes and extinguishes all previous agreements between you and Instant Pay, whether written or oral, relating to its subject matter.