Thanks for checking out our terms and conditions. If you're looking for our fee structure, click here. If you're looking for our privacy policy, click here.
Our Frequently Asked Questions (“FAQ”) which provides answers to common customer questions.
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. If you want a paper copy of this Agreement, please contact Customer Support.
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 your 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 and how to contact us
Our company information. The Services are provided by Instant Pay Pty Ltd (“Instant Pay”, “we”, “us”, or “our” as applicable) with ACN 642 154 550.
Instant Pay Pty Ltd is authorised by the ASIC. Instant Pay Pty Ltd reports to AUSTRAC.
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. www.instantpay.net.au
Who can use our Services
You must be 18 years or over. If you are an individual, you must be 18 years or older to use our Services and by
depositing monies and using Instant Pay you declare that you are 18 years or older. We may ask you at any time to
show proof of your age.
Your use of the Instant Pay Account must not violate any applicable laws. You commit to us that your opening
and/or using of a Instant Pay Account does not violate any laws applicable to you. You take responsibility for any
consequences of your breach of this section.
About your Instant Pay Transaction
(a) Instant Pay allows you to send electronic money/payments instantly to nominated businesses, when a compatible bank account is used.
(b) Monies sent to Instant Pay are your sole responsibility. Once money is received from you, it is allocated to the nominated business account held with us.
(c) The electronic money transferred using Instant Pay Account will not earn any interest.
(d) You must have access and ownership of a valid bank account in Australia to use Instant Pay. Valid bank accounts must also be NPP or Osko compatible.
(e) Fees are applicable for incoming and outgoing transactions within the Instant Pay framework. These are outlined in our fees section.
Getting started
To start using our Services, simply click through on the Instant Pay logo on our partnering business websites, when you are completing a purchase.
You will need to provide your mobile number and select your bank account to continue. We require your mobile number, in the event that your payment is made incorrectly and we need to contact you.
You’ll be provided with payment details. These are BSB, Account and a unique code. Using your internet banking via your preferred app or website, complete the direct deposit transfer to the account details provided. Entering the correct unique code as a reference for your transaction is a critical part to the process. If this is incorrect, fees will apply to your transaction.
We will record your payment instantly. You’ll then be referred back to your completed purchase.
Payment instrument
The method of payment used (your bank account) must be in your name.
Fees on transactions
If you incur an underpayment, overpayment or part payment fee during your transaction, these fees will be taken from any amount you have paid to Instant Pay. By using our service you are agreeing to these fees being taken from your payments.
Fees
Instant Pay Fees range from $1 to $2.50 per transaction depending on the Instant Pay package plan the merchant has chosen. If a fee does not fit into this cost, it is outlined below. Fees are charged dynamically against incoming merchant collected funds. Fees can be on-charged to the customer/payer if the merchant chooses.
Consumer fee process
If a consumer fee is applied to any transaction, whether as a part payment fee, underpayment fee, overpayment fee, split with friends fee or late fee, this fee is passed from the Instant Pay to the business merchant which is in turn passed to the consumer for payment. This fee is charged dynamically and uses any monies transferred into the business merchants virtual account. This fee is taken and managed by the Instant Pay system, on behalf of the business merchant. Any of the above mentioned consumer fees cannot be marked up, or sold as a service by the business merchant. The consumer fees mentioned above are charged at $2.50 per inwards and outwards movement of money.
Bank Compatibility
Before using Instant Pay we recommend checking to ensure your bank supports NPP payments. A check tool is viewable on our website - https://instantpay.net.au/banks-faq. If your bank is not compatible, we can still process your payment, though it just takes a bit longer.
FAQ
Bank compatibility
Before using Instant Pay we recommend checking to ensure your bank supports NPP payments. A check tool is viewable on our website.
Limits on bank transfers
Bank transfer limits are controlled by the payer and their bank.
To mitigate limitations, please check your bank transfer limitations prior to attempting an Instant Payment.
Please ensure your transfer limits meet your purchase amount requirements.
Contact your bank directly to increase your daily payment limit transfers.
RTGS and incoming international payments
Instant Pay currently does not support RTGS payments or international incoming payments. We recommend that all payers simply use a bank transfer from either their banking app or internet banking to complete their payment to their merchant.
Hours of operation
Instant Pay transactions are instant, 24/7.
Incorrect payments and solutions
Instant Pay infrastructure will detect any incorrect payments made, if using the correct reference ID when paying. If an incorrect payment reference number is used, we will refund the entire transaction amount to you within 2 working days, minus any relevant fees that are applicable to your transaction.
Non NPP payments and our process
If a non-NPP payment is made to us it can take anywhere from 4 hours, to 24 hours to receive the cleared funds. Merchants can choose to honour your purchase, or refund your money.
Please note that the money transfer period during a non-NPP transfer we do not have access to your funds, and cannot refund or transfer these funds. Once funds are cleared through our system, the merchant has the ability to control this money.
Can I cancel a payment once it is made?
No.
Once a payment is made to the Instant Pay infrastructure, monies are planned for dispatch to the nominated business.
Refunds on product or service will need to be requested to the nominated business.
I’ve paid. Can I pickup my product/service now?
Products / services purchased using the Instant Pay infrastructure follow the nominated business terms and conditions of trade. Please refer to their terms and conditions of trade, or contact them directly for information regarding your purchase.
Why do you need my mobile number?
We require your mobile number to ensure you complete the money transfer correctly.
If incorrect funds or non-instant payments are made, we can contact you quickly.
You mobile number is not used for any other purpose.
Do you send money internationally?
No.
Instant Pay only operates in Australia.
Transaction record
Your transaction record is sent to you via email and/or SMS. This record will remain in our database and is viewable by you (and whomever holds the unique transaction URL). This information is held indefinitely within our system.
Direct Debit - Pricing
Pricing for your direct debit payments is set by your merchant. Some merchants choose to absorb our direct debit fee, while some choose to pass these fees onto their payers. Australian payment consumer law states merchants cannot charge any more for fees than their cost in using the payment service provider.
Dishonours
While our system strives to remove dishonours completely, unfortunately they do still occur from time to time. A dishonour is what occurs when a direct debit is attempted when the payer does not have enough money to cover the payment. A dishonour fee is charged (By us, Instant Pay) to the merchant at the time of the dishonour and (by the payers bank to the payer) at the time of the dishonour. Our current dishonour fee is $5 per dishonour. This amount will be added to your total amount owed in agreement for your direct debit plan, or the agreement you have in place with your merchant regarding dishonours.
User Agreements (DDRSA)
Merchants must present a DDRSA to their payers (you). This DDRSA must be ‘agreed to’ and timestamped. The DDRSA will contain information about our partnering bank provider, as well as legal information, a chosen bank account, the amount to deducted, the regularity of the payment and other details related to the direct debit and service/product provided from the payments made.
Banking partners
Instant Pay uses banking partners to complete the direct debit process. These details are listed on all DDRSA to payers agreeing to a direct debit payment. While we reserve the right to change our banking partners, dependent on the risk involved with you (the merchant), be assured that the direct debit process is exactly the same regardless of the banking partner we use. Instant Pay is also pursuing the relevant license to remove the need for a banking partner at the direct debit level. This license is expected to become usable in 2022.
Transaction fraud
The Instant Pay platform and the Australian banking system attempts to minimise the affects from fraud as much as possible, however if fraud is either detected or we are notified of fraud we will mediate and remedy as quickly as possible. Instant Pay has no responsibility regarding any fraud or suspicious behaviour from either the payer or the merchant. Any dispute of transaction is a responsibility held between the payer and the merchant. Instant Pay will help mediate this process as best we can.
Intellectual property rights
While you are using our Services, you may use the Instant Pay Materials only for your personal 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
We are responsible to you for foreseeable loss and damage caused by us. 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 Website. We assume no responsibility for their content or any loss or damage that may arise from your use of them.
Our liability to you for unauthorised payments or our mistake. In case of an unauthorised payment or mistake due to our error, we shall at your request immediately refund the payment amount including all fees deducted by us. This shall not apply:
(a) where you have made an incorrect payment amount
(b) if you have acted fraudulently, in which case we will not refund you in any circumstances;
(c) if the payment transaction was unauthorised but you have with intent or gross negligence compromised the security of the Instant Pay platform or failed to comply with your obligations to use Instant Pay in the manner set out in this Agreement. In such a case you shall be solely liable for all losses; or
(d) if you don’t let us know about the unauthorised or incorrectly completed transaction within 7 calendar days from the date of the payment transaction.
We are not liable for things which are outside of our control. We (and our affiliates) cannot be liable for our inability to deliver or delay as a result of things which are outside our control.
You are liable for breaking this Agreement or applicable laws. In the unlikely event of loss or claims or costs and expenses arising out of your breach of this Agreement, any applicable law or regulation and/or your use of our Services, you agree to compensate us and our affiliates and hold us harmless. This provision will continue after our relationship ends.
What happens if you owe us money. In the event you are liable for any amounts owed to us, we will immediately remove such amounts from your total transaction. If there are insufficient funds to cover your liability, we reserve the right to collect your debt to us by using any payments received through your Instant Pay transaction. We may also recover amounts you owe us through legal means, including, without limitation, through the use of a debt collection agency.
If a consumer, using Instant Pay, deposits an amount that is equal to or less than the fees required to instantly transfer/refund this amount back to them (the consumer) these deposits will be held by Instant Pay to cover the expense of refunding these monies to you. At no point will Instant Pay refund monies through the NPP if the cost of executing this is deemed more than the money that is being transferred.
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:
(a) you do so in a way that is fair and legal and does not damage our reputation or take advantage of it;
(b) you do not suggest any form of association, approval or endorsement on our part where none exists;
(c) 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. Changes to exchange rates shall come into effect immediately without notice and you shall not have the right to object to such a change.
How we may contact you
We usually contact you via SMS 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.
This Agreement is made in the English language.
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 these Terms and Conditions, 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.Even if we delay in enforcing these Terms and Conditions, 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.